JUDGMENT

A.S. NAIDU, J. — As the controversy in both the aforesaid cases is identical and based on similar facts and point of law, with consent of learned counsel for the parties, the same are taken up for hearing.

2. The petitioners seek to assail the order dated 16.1.2006 (Annexure-3) passed by the Sub-Collector, Gunupur in O.S.A.T.I.P Case No.7/2000. The dispute has a chequered career inasmuch as it was before this Court earlier in W.P.(C) No.10443 of 2004 disposed of on 16.11.2004. By the said order this Court held as follows :-

“Taking into consideration all these facts in the light of the ratio of the decision of the Supreme Court in the case of Amarendra Pratap Singh (supra) while confirming the order of eviction of the petitioners passed by the authorities below, I remand the matter to the Officer-on-Special Duty with following directions :-

(i) The Officer-on-Special Duty shall determine the extent of lands over which constructions were raised prior to the date of initiation of the proceeding. Such determination shall be made by engaging a survey-knowing commissioner who shall visit the spot and make measurement. The Officer-on-Special Duty shall examine such witnesses as m