THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.28104 of 2010 Date : 15-12-2010 Between: B.Rupa w/o.Chander .. Petitioner And The District Panchayat Officer, Warangal, Warangal District and others .. Respondents Counsel for petitioner : Sri A.Prabhakar Rao Counsel for respondents 1 & 2 : Assistant Government Pleader for Panchayat Raj Counsel for respondent No.3 : Sri P.Raghavender Reddy, Standing Counsel The Court made the following: ORDER: This Writ Petition is filed for a mandamus to set-aside proceedings dated 26-12-2009 of respondent No.1 whereby he has extended the period of withdrawal of cheque power stipulated in order dated 2-9-2009. The petitioner, while seeking invalidation of both these orders, has sought for a consequential direction to the respondents to restore her cheque power, as Sarpanch of Gram Panchayath, Parkal, Warangal District. I have heard Sri A.Prabhakar Rao, learned counsel for the petitioner and Assistant Government Pleader for Panchayat Raj, appearing for respondent Nos.1 and 2 and Sri P.Raghavender Reddy, learned Standing counsel for respondent No.3. No counter affidavit has been filed by any of the respondents. The petitioner is the Sarpanch of Parkal Gram Panchayath. On the report submitted by respondent No.2, respondent No.1 has issued a show cause notice on 25-7-2009 calling for explanation of the petitioner as to why action should not be initiated against her under the provisions of A.P. Panchayat Raj Act, 1994 for alleged misutilisation of the Gram Panchayath funds. The petitioner has submitted her explanation and thereafter respondent No.1 vide his order dated 2-9-2009 has withdrawn the cheque power for a period of three months. Respondent No.1 has issued a further show cause notice on 26-12-2009 and after receiving the petitioner’s explanation, has issued proceedings No.1990/A2/2009 and has withdrawn the cheque power on the same day for another period of three months from 3-12-2009. The petitioner has pleaded that the life of both these orders has expired by 2-2-2010 and that no further orders have been passed by the competent authority extending the period stipulated in the above mentioned two orders of respondent No.1. At the hearing, learned counsel for the petitioner reiterated the above mentioned pleas of the petitioner. Since no counter affidavit has been filed on behalf of the respondents, the averments contained in the affidavit of the petitioner remain uncontroverted. As such, as pleaded by the petitioner, the period of three months stipulated in order dated 26-12-2009 has expired on 2-2-2010. It therefore follows that the cheque power of the petitioner stands restored in the absence of any order passed by the competent authority extending the period of withdrawal of the cheque power. The Writ Petition is accordingly allowed by directing the respondents to permit the petitioner to utilize the cheque power subject to the disciplinary proceedings pending or to be initiated against the petitioner. __________________________ C.V. NAGARJUNA REDDY.,J Date: 15-12-2010 AM