IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5237 of 2011 KAMAKHYA NARAIN . Versus THE STATE OF BIHAR & ORS . ----------- 2. 28.03.2011 Heard learned counsel for the petitioner and the State. The petitioner claims to be the khatyani raiyat of holding the land of Plot No. 1353, Khata No. 241, C.S. Plot No. 1353, area 4 Katha 6 dhur in part situated in village Bharpura, Gram Panchayat Raj, Bharpura, District-Saran. He is aggrieved by the acts of respondent no. 7, in raising constructions under the Indira Awas Yojna in so far as the area of his lands are concerned. Allegations have also been made of the ineligibility of respondent no. 7 to be a beneficiary under the Indira Awas Yojna. From the averments and annexures to the writ application itself it appears that on his application the matter has already engaged the attention of the Circle Officer who had issued notice to the petitioner and respondent no. 7 to appear before him on 5.1.2010 with all necessary documents. The parties have already appeared before the Circle Officer and respondent no. 7 appears to have sought adjournment for production 2 of evidence. If the matter is already engaging the attention of the Executive authority, there is no occasion for the Court to usurp those powers. Let the Circle Officer consider matters and take the proceeding initiated by him to its logical conclusion. Since this Court has declined to entertain the writ application on merits but has simply directed the Circle Officer to dispose off the proceedings already pending before him, the Court does not consider it necessary to issue notice to respondent no. 7, as the said respondent has already appeared before the Circle Officer and is deemed to be aware of the next date fixed on which date she shall be suitably apprised by the Circle Officer of the present order also. After respondent no. 7 is apprised of the present order in the manner as aforesaid, let the Circle Officer dispose off the proceedings within a maximum period of two months without granting any unnecessary or frivolous adjournment to either party. If either party refuses to co-operate for disposal of the proceedings within the time fixed, the Circle Officer shall be at liberty to proceed ex parte against the concerned also but only after recording 3 full reasons in the order sheet to his satisfaction, the efforts made, disclosing full application of mind notwithstanding which co-operation was not given. The petitioner shall be at liberty to approach the Circle Officer for any interim relief pending disposal of the matter by him, if so advised, which is expected to be disposed off forthwith after hearing both sides without keeping it pending till final disposal of the main application. The writ application stands disposed with the aforesaid observations and directions. P. Kumar ( Navin Sinha, J.)