ORDER :

1. The petitioner is a retired Professor and ex-Head, Department of Modern Languages and Linguistics of Sampurnanand Sanskrit Vishwavidyalaya, Varanasi (for short, 'the University'). While in service, she taught French language at the University and retired in the year 2018.

2. It is the petitioner's case that after retirement, she has confined herself to social life, also devoting time to better the life of fellow citizens. As part of her credentials, the petitioner says that she worked with the University for 39 yeas. It is the petitioner's case that she has come to know that the District Magistrate, Varanasi in disregard of the law has allocated land belonging to the University vide a registered lease deed dated September 13, 2022 in favour of the Uttar Pradesh Power Transmission Corporation for the purpose of enabling the said Corporation to establish a huge Electricity Sub-Station on the University's land. The University already have a small Sub-Station set up by the Corporation in order to ensure uninterrupted power supply to them. According to the petitioner, the land that has been leased out to the U.P. Power Transmission Corporation by the District Magistrate through the lease deed in question is University's land. The District Magistrate has neither authority nor jurisdiction to execute the lease deed aforesaid in favour of the Power Corporation purporting to act in the Governor's name. The University Authorities are silent spectators and they have not taken any steps to prevent the District Magistrate from granting lease of University's land to the Power Corporation.

3. According to the petitioner, the University's land that has been leased out to the Corporation by the District Magistrate is one which the University alone can manage or deal with. It is to be utilized for future expansion of the University. The Executive Council of the University is the competent body to take a decision in the mater, but the Executive Council and the Vice-Chancellor of the University have not taken any step to prevent unauthorized utilization of University land, without the University's consent or permission, for the purpose of establishment of a Sub-Station by the Power Corporation.

4. We have heard the learned Counsel for the petitioner in support of the writ petition, purporting to one in public interest, at length.

5. According to the learned Counsel for the petitioner, the action of the District Magistrate in executing a lease deed for the purpose of setting up an Electricity Sub-Station by the Power Corporation leads to diminishing the area of the University as defined under Section 2(3) of the Uttar Pradesh State Universities Act, 1973 (for short, ‘the Act’). He submits that this can only be done according to the procedure prescribed under Section 4(4) of the Act, which mandates that the decision to diminish the area of the University can be taken by the State Government by Notification in the Gazette and that can be done according to the proviso to sub-Section (4) of Section 4 of the Act, with the previous approval by resolution of both House of the State Legislature.

6. The learned Counsel for the petitioner has impressed upon the Court that it is not just that the State Government can take a decision to diminish the area of the University or any other Universities by the Act, and can do so by Notification in the Gazette. The State Government’s decision of this kind has to be approved first by resolutions passed by both Houses of the State Legislature, whereafter alone the decision of the State Government can be notified by publication in the Gazette.

7. Here, the decision has not at all be taken in the manner envisaged by the Statute, according to the learned Counsel. It is a decision simply taken by the Collector acting in the Governor’s name, which is ultra vires Section 4(4) of the Act. Sub-Sections (1-A) and 4 of