IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.2792 of 2006 Between: Sanapala Narasimha Murthy. ... PETITIONER AND The State of Andhra Pradesh, rep. by the District Collector, Srikakulam and two others. ...RESPONDENTS Counsel for the Petitioner : MR. A. RAMA RAO Counsel for the Respondents: GP FOR ARBITRTION The Court made the following: ORDER: This revision is by the declarant, who has surrendered an extent of Ac.2.90 cents in Gara Mandal and Ac.1.20 cents in Sompeta Mandal towards the surplus determination against him. The State accepted the surrender to the extent of Ac.1.20 cents in Korlam Besi Ramachandrapuram and Vatchavalasa village of Sompeta Mandal whereas the proposal for surrender of Ac.2.90 cents in Korlam and Vatchavalasa village in Gara Mandal was not accepted. Against the said refusal to the extent of surrender of Ac.2.90 cents, an appeal filed by the declarant earlier was dismissed in L.R.A.No.6 of 1990 dated 04.03.1992 by the Land Reforms Appellate Tribunal, Srikakulam. Aggrieved thereby a revision being CRP.No.2094 of 1992 was filed before this Court and by order dated 06.12.1995 this Court agreed with the declarant that no enquiry is conducted as to why Ac.2.90 cents cannot be accepted towards surrender and on that ground remitted the matter to the primary tribunal for fresh enquiry. 2. The primary tribunal has considered the said proposal of the declarant and in the proceedings bearing CC.No.420/75/SMT dated 26.02.2001 came to the conclusion, after due enquiry, that the said land in Gara Mandal was already computed in the holding of one Y. Ramakrishna in CC.No.820/SKL/75 dated 18.10.1978. Consequently, therefore, the primary tribunal was of the view that the aforesaid land could not have been computed in the holding of the declarant and has recomputed the holding of the declarant by reducing the surplus extent. The said order was challenged by the State in appeal before the Land Reforms Appellate Tribunal (I Additional District Judge), Srikakulam in L.R.A.No.4 of 2002 and under the impugned order dated 31.03.2006 the lower appellate tribunal was of the view that the primary tribunal has passed orders beyond the scope of enquiry, which is clearly contrary to the orders of this Court in CRP.No.2094 of 1992 dated 06.12.1995, referred to above. The appellate tribunal, therefore, allowed the appeal and set aside the primary tribunal’s order by remitting the matter to the primary tribunal with a specific direction to confine its order to the orders passed in CRP.No.2094 of 1992 dated 06.12.1995. Aggrieved thereby the present revision is preferred. 3. Heard the learned counsel for the petitioner, who tried to support the order of the primary tribunal by placing reliance upon a decision of this Court in S. GOPAL REDDY v. SPL. TAHSILDAR, LAND REFORMS[1] and has justified the finding of the primary tribunal that the aforesaid extent of Ac.2.90 cents could not have been computed in the holding of the declarant. 4. I am unable to accept the said contention, primarily, for the reason that the proceedings of determination of the holding of the declarant have long attained finality. The determination proceedings, therefore, cannot be reopened at this stage of surrender. Further, no such contention was raised in CRP.No.2094 of 1992 and the same was only confined to the contention that the rejection of accepting his land for surrender was not preceded by enquiry. This Court, therefore, directed enquiry to be made. The scope of the proceedings before the primary tribunal was, therefore, defined by the order of this Court and the lower appellate tribunal has correctly appreciated the issue and the impugned order passed by the lower appellate tribunal does not suffer from any infirmity warranting correction by this court. The civil revision petition is meritless and accordingly dismissed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J August 13, 2010 DSK [1] 1978 (1) ALT 262