JUDGMENT : Vivek Singh Thakur, J. 1. This petition has been filed seeking direction to respondents to construct Panchayat Bhavan of Gram Panchayat Kot at Mohal Bandal. After hearing the parties in length, on 23.3.2018 a detailed order was passed with direction to respondent State to file compliance affidavit, relevant portion whereof is as under: “……………. …………….. 2. As per notification, dated 3rd August, 2000 (Annexure P-1), Gram Panchayat Kot, having its headquarter at Dev Dhar, was carved out from the earlier Gram Panchayat Tihra. Petitioner has also placed on record communication, dated 20th October, 2011 (Annexure P-6) sent from Block Development Officer, Development Block Dharampur to District Panchayat Officer, Mandi stating therein that earlier there was a building of Gram Panchayat Tihra at Dev Dhar, but, now Gram Panchayat Tihra is having its own building and the land at Dev Dhar is in the name of Gram Panchayat Tihra. 3. Respondent No. 6, Pradhan, Gram Panchayat Kot is contesting the petition on the ground that Panchayat Bhavan should be constituted at its headquarter, particularly when the land comprised in Khasra No. 145 and 146 situated in Mauja Chuhra, Tehsil Sarkaghat, Whether the reporters of the local papers may be allowed to see the Judgment? Yes District Mandi, is available. According to him, the said land is at Dev Dhar. He has also placed on record copy of jamabandi for the year 2004-2005 (Annexure P-1) wherein the said land has been shown to be in the possession of Panchayat Department. In letter, dated 20th October, 2011 (Annexure P-6) (supra), it is also mentioned that two biswa land situated in Village Bandal donated to Gram Panchayat Kot is at a distance of one kilometer from Dev Dhar. 4. Learned Deputy Advocate General appearing for State-respondents No. 1 to 5 submits that the stand of the State is that the land is not available at headquarter of the Gram Panchayat and for construction of Panchayat Bhavan somewhere else, procedure under Section 3 (2) of Gram Panchayat Act is to be undertaken. 5. As per notification, dated 3rd August, 2000 (Annexure P-1) headquarter of Gram Panchayat Kot is at Dev Dhar and as per letter, dated 20th October, 2011 (Annexure P-6) as well as Jamabandi, placed on record by respondent No. 6 as Annexure P-1, it is apparent that land is available at Dev Dhar. 6. 5. As per notification, dated 3rd August, 2000 (Annexure P-1) headquarter of Gram Panchayat Kot is at Dev Dhar and as per letter, dated 20th October, 2011 (Annexure P-6) as well as Jamabandi, placed on record by respondent No. 6 as Annexure P-1, it is apparent that land is available at Dev Dhar. 6. Therefore, respondent-State is directed to file a comprehensive affidavit clarifying complete factual matrix and also stating therein as to why the land available at headquarter of Gram Panchayat Kot, i.e. Dev Dhar, available with the Gram Panchayat, is not being used for construction of Panchayat Bhavan and also to clarify that on what basis Block Development Officer concerned had reported to the District Panchayat Officer that the land at Dev Dhar is in the name of Gram Panchayat Tihra whereas as per revenue record available on the file, the said land has been shown to be in the name of State of Himachal Pradesh, but in possession of Panchayat Department and also if the said land is in the name of Gram Panchayat Tihra, why the same has not been transferred to Gram Panchayat Kot for inclusion of the said area, i.e. Dev Dhar, in Gram Panchayat Kot after carving out if from Gram Panchayat Tihra. …………. ………………” 2. In sequel to aforesaid order dated 23.3.2018, compliance affidavit dated 13.4.2018 has been filed. However, despite granting opportunities, no response has been field to the said affidavit either by the petitioner or on behalf of respondent No. 6. 3. Along with the said affidavit, a map of concerned area, without scale, indicating sites proposed/available for construction of Panchayat Bhavan of Gram Panchayat, Kot, as site Nos. 2, 3 and 4, have also been annexed. So far as site No. 2 is concerned, it is undisputed that the same falls in the area within the jurisdiction of Gram Panchayat Tihra, i.e. another Panchayat and the said Panchayat, as per affidavit, is not ready to part with the said land, rather has proposed to construct some building thereon. 4. Other two sites available for construction of Panchayat Ghar have been donated by habitants of Panchayat. It is undisputed that site No. 4 was donated by Sh. Kalu Ram to the Panchayati Raj Department in the year 2007 for construction of Panchayat Bhavan, whereas site No. 3 was donated by one Sh. 4. Other two sites available for construction of Panchayat Ghar have been donated by habitants of Panchayat. It is undisputed that site No. 4 was donated by Sh. Kalu Ram to the Panchayati Raj Department in the year 2007 for construction of Panchayat Bhavan, whereas site No. 3 was donated by one Sh. Sambhu Ram in February, 2017 for construction of Panchayat Ghar of the same Panchayat. Resultantly, now two sites are available with Gram Panchayat, Kot for construction of Panchayat Ghar. The distance between these two sites is approximately one and half kilometers. 5. There is a letter dated 3.11.2011 sent by District Panchayat Officer to Pradhan Gram Panchayat Kot (Annexure R-4), wherein it is informed that as per rules, Panchayat Ghar has to be constructed compulsorily at the headquarter of the Panchayat and in case no land is available at the headquarter of the Panchayat, Gram Sabha has to pass a resolution for shifting the headquarter and submit the same to the District Panchayat Officer through Block Development Officer. 6. Now with the affidavit dated 13.4.2018 filed by Secretary Panchayati Raj, another document i.e. an application sent by Pradhan Gram Panchayat, Kot to District Panchayati Raj Officer (Annexure R-IV), has been placed on record, wherein it has been clarified that headquarter of Gram Panchayat has been notified at Dev Dhar, whereas Dev Dhar is not situated in the jurisdiction of Gram Panchayat, Kot, rather it falls in Gram Panchayat, Tihra and therefore, the construction of Gram Panchayat at Dev Dhar would definitely amount construction of Panchayat Ghar outside the jurisdiction of Gram Panchayat, Kot. 7. In affidavit dated 13.4.2018, it has been admitted in para 4 by the State that unfortunately in the notification dated 3.8.2000 vide which Gram Panchayat Kot was carved out after bifurcating Gram Panchayat Tihra, the Headquarter of Gram Panchayat Kot was shown at Dev Dhar without realizing that Dev Dhar was not within the jurisdiction of Gram Panchayat, Kot and the said mistake had taken place for the reason that Dev Dhar was situated at boundary of two Panchayats and location of Dev Dhar was not exactly known. But now as per report of concerned Patwari, it has been clarified that Dev Dhar falls in Mohal Chuhra, Patwar Circle, Tihra which is within the jurisdiction of Gram Panchayat Tihra. But now as per report of concerned Patwari, it has been clarified that Dev Dhar falls in Mohal Chuhra, Patwar Circle, Tihra which is within the jurisdiction of Gram Panchayat Tihra. So construction of Panchayat Ghar at the notified headquarter is not possible in present case. So far as procedure for shifting or re-notifying headquarter of Gram Panchayat Kot at any other place is concerned, Gram Panchayat as well as Panchayati Raj Department are expected to act promptly to rectify mistake at the earliest. 8. Now, for construction of Panchayat Ghar two sites are available with respondent-State-Gram Panchayat, Kot. But the said sites are not notified Headquarter of the said Gram Panchayat and notified Headquarter of said Gram Panchayat is situated beyond jurisdiction of Gram Panchayat and thus at that place construction of Panchayat Ghar is neither possible nor warranted. As deposed in affidavit filed on behalf of respondent-State, Panchayat Ghar is to be built at notified Headquarter only and change in Headquarter of Gram Panchayat is to be on the basis of resolution of Gram Sabha. Therefore, ultimately desire of Gram Sabha would matter. Therefore, it would be appropriate to leave it for the Gram Sabha to decide the appropriate place to be notified as Headquarter of Gram Panchayat as well as construction of Panchayat Bhawan. 9. In view of aforesaid facts and circumstances, respondents- State is directed to take immediate initiative through District Panchayati Raj Officer to get the matter determined through Gram Sabha of Gram Panchayat, Kot for notifying the headquarter of Panchayat within its jurisdiction and also to take decision with respect to location for constructing the Panchayat Ghar. Respondent-State, if felt necessary, will be at liberty to have referendum of Gram Sabha through secret ballet. Respondents-State is directed to carry out the entire exercise on or before 30th September, 2018. 10. The petition is disposed of in the aforesaid terms, so also the pending applications, if any.