SAMARENDRA PRATAP SINGH, J.

1. Heard learned counsel for the parties. The petitioner prays for declaring the notification no. S.O. 781 published on 10.6.1989 in Bihar Gazette by the Joint Secretary, Department of Environment and Forest Department, State of Bihar under the order of the Hon'ble Governor, Bihar by which an area of land measuring about 6311.63 hectare in the district of Begusarai constituted for “Kawar Jhhil Bird Vihar Sanctuary” under Section 18(1) of Wild Life (Protection) Act, 1972, has lapsed its force. He has further prayed for setting aside consequential Letter no. 38, dated 5.1.2013 issued by the Collector, Begusarai by which the District Sub Registrar, Begusarai and the Sub Registrars of Teghra, Bakhri and Balia Sub-divisions of the District have been directed not to register the sale/purchase of the lands, mentioned in the Notification dated 20.6.1989 published in Bihar Gazette, Extraordinary.

2. Before I consider the issues involved in the case, it would be relevant to notice the petitioner’s case in brief. In a ceiling proceeding under the Bihar land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Lands) Act, 1961, 362.85 acres of land of different villages were notified as exempted under section 5 of the Act, including the lands measuring 18.63 acres of Plot no. 2032 Khata no. 1269 of village Akauma (Thana no. 116) in the district of Begusarai, which has been allotted in his share after partition in the family.

3. The notification under section 5 of the Ceiling Act was published in District Gazette, Begusarai on 1.11.1989. In the year 2012, the petitioner decided to sell his entire land measuring 18.63 acres of land of village Akauma, Thana 116 in the district of Begusarai. Consequently, some persons approached and agreed to purchase his land and some advance was also tendered. In the meanwhile, the District Magistrate vide his letter dated 5.1.2013 directed the District Sub-Registrar, Begusarai and SubPatna Registrars, Teghra, Bakhri and Balia not to admit sale and purchase of land mentioned in the notification published in Bihar Gazette on 20.6.1989 for Kanwar Jheel Bind Sanctuary, Majhaul for registration. A copy of letter, dated 5.1.2013 is annexed as Annexure-1. It is relevant to point out that the State Government vide notification no. S.O. 781 under section 18(1) of the Wild Life (Protection) Act, 1972 declared total area of land measuring 6311.63 hectares of land in Begusarai district as “Kanwar Jheel Bird Sanctuary.” After publication of the notification under section 18(1) of the Act, 1972 in Bihar Gazette on 20.6.1989, a proclamation was published under section 21 of the Act on 20.6.1997 by the Assistant Forest Conservator, acting as Collector, under the delegated power contained in notification no. 114 dated 3.2.1997 under section 26 of the Act.

4. The petitioner argued that the proclamation under section 21 of the Act, has lapsed for two reasons; firstly, the proclamation under section 21 was notified after about 8 years from the publication of the notification under section 18(1) of the Act; secondly, the proclamation was not published and circulated in every town and village concerned, as mandatorily required under section 21 of the Act, itself. Further more, the letter of the Collector dated 15.1.2013 directing the District Sub Registrar, Begusarai and Sub Registrars, Teghra, Bakhri and Balia not to register any land which are notified under section 18(1) of the Act as “Kanwar Jheel Bird Sanctuary” as being in teeth of decision of learned Single Judge in the case of Deo Prasun vs. State of Bihar, 2014 (4) PLJR 715 relying upon judgment of Division Bench in the case of Bihar Deed Writers’ Association vs. State of Bihar, 1988 PLJR 671.

5. A counter affidavit has been filed on behalf of the respondents. The respondents dispute the submissions of the petitioner that proclamation was not published in accordance with Section 21 of the Wild Life (Protection) Act, 1972. Th