M. P. CHANDRAKANTARAJ, J.

( 1 ) THIS is a writ petition by the State directed against the order of the Karntaka appellate Tribunal, Bangalore, in appeal No. 211/82 (Rev. 3 ).

( 2 ) BY the said order, the appeal of one N. K. Agrawal was allowed directing the Special Deputy Commissioner, Bangalore, to grant conversion of 1 acre 19 guntas of agricultural land for non-agricultural use. Before the Tribunal. the State raised two grounds for rejecting the appeal which may be noticed by this Court. One was that the appeal was barred by time and the other was that there was prohibition under the karnataka Town and Country Planning act, 1961 as evidenced by the order of the Special Deputy Commissioner refusing conversion and, therefore, conversion could not be granted.

( 3 ) THE first contention regarding the limitation, the Tribunal has chosen to condone the delay on the application made by the appellant. That being a discretionary order, this Court wil not interfere.

( 4 ) THE second ground urged has been negatived with reference to the decisions of this Court in the case of channabasappa v State of Mysore, W. P. 1144/67 and also the case of Irannavar v state of Mysore, W. P. 2727/77. The s

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