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. 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 Section 4 as also Section 5 of the Act are quoted below: “4. 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 Section 4 as also Section 5 of the Act are quoted below: “4. Establishment of new Universities and alteration of the areas or names of Universities.—(1) x x x x (1-A) With effect from such date or dates as the State Government may by notification in the Gazette appoint in this behalf, there shall be established— (a) a University of Bundelkhand at Jhansi; (b) a University of Avadh at Ayodhya which shall be called the Doctor Ram Manohar Lohia University, Ayodhya with effect from June 18, 1994, and the Doctor Ram Manohar Lohia Avadh University, Ayodhya with effect from July 11, 1995; (c) a University of Rohilkhand at Bareilly which shall with effect from the date of the commencement of the Uttar Pradesh State Universities (Second Amendment) Act, 1997 be called Mahatma Jyotiba Phule Rohilkhand University, Bareilly; (d) a University to be known as Purvanchal University at Jaunpur, which shall, with effect from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, 1999, be called “Vir Bahadur Singh Purvanchal University, Jaunpur; (e) a University to be known as the Khwaja Moinuddin Chishti Language University, Lucknow; (f) a University to be known as Siddharth University, Kapilvastu, Siddharth Nagar; (g) a University to be known as Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj; (h) a University to be known as Jananayak Chandrashekhar University, Ballia; (i) a University to be known as Maa Shakumbhari University, Saharanpur; (j) a University to be known as Maharaja Suhel Dev State University, Azamgarh; (k) a University to be known a Raja Mahendra Pratap Singh State University, Aligarh; for the areas respectively specified in the Schedule. (4) The State Government may, by notification in the Gazette— (a) increase the area of a University; (b) diminish the area of a University; or (c) alter the name of a University: Provided that no such notification shall be issued except with the previous approval by resolution, of both the Houses of the State Legislature. “5. Territorial exercise of powers.—(1) Save as otherwise provided by or under this Act, the powers conferred on each University (other than the Sampurnanand Sanskrit Vishvavidyalaya) shall be exercisable in respect of the area for the time being specified against it in the Schedule. “5. Territorial exercise of powers.—(1) Save as otherwise provided by or under this Act, the powers conferred on each University (other than the Sampurnanand Sanskrit Vishvavidyalaya) shall be exercisable in respect of the area for the time being specified against it in the Schedule. (2) The Sampurnanand Sanskrit Vishvavidyalaya may affiliate institutions situated in any part of the territory of India and recognize teachers of, and admit to its examinations candidates from such territory or abroad: Provided that the Vishvavidyalaya shall not— (a) affiliate an institution outside Uttar Pradesh; or (b) recognize any teacher employed in an institution situated outside Uttar Pradesh and maintained by any Government; except upon the recommendation of the Government concerned. (3) & (4) x x x (5) Notwithstanding anything contained in sub-section (1) the homoeopathic educational or instructional institutions throughout Uttar Pradesh may be affiliated to the Dr. Bhimrao Ambedkar University, Agra or Chhatrapati] Shahu Ji Maharaj University, Kanpur. (6) Notwithstanding anything contained in sub-section (1) or sub-section (1) of Section 37, the institutions established or proposed to be established for imparting education or instruction in Western Medical Science as defined in the Indian Medical Degrees Act, 1916, engineering technology or management anywhere in Uttar Pradesh may, subject to such directions as may be issued by the State Government in this behalf, be affiliated to any University. (7) Notwithstanding anything contained in sub-section (1) the power conferred on the Khwaja Moinuddin Chishti Language University, Lucknow in respect of education and research of Indian and foreign languages and advancement and dissemination of knowledge thereof shall be exercisable throughout the State of Uttar Pradesh.” 8. The Schedule appended to the Act, which defines the areas within which the University, as it is called by the Statute, through the Schedule exercise jurisdiction, is extracted below: "THE SCHEDULE (See Section 5) Sl. No. Name of the University Areas within which the University shall exercise jurisdiction 1 2 3 1 The University of Lucknow Districts of Hardoi, Lucknow, Lalchimpur Kheri, Sitapur and Rae Bareli. 2 Chaudhary Charan Singh University, Meerut— (i) Until the establishment of the Saharanpur State University, Saharanpur (ii) Upon the establishment of the Saharanpur State University, Saharanpur Districts of Bhaghpat, Bulandshahr, Gautam Buddha Nagar, Ghaziabad, Hapur, Meerut, Muzaffar Nagar, Saharanpur and Shamli. Districts of Bhaghpat, Bulandshahr, Gautam Buddha Nagar, Ghaziabad, Hapur and Meerut 3. 2 Chaudhary Charan Singh University, Meerut— (i) Until the establishment of the Saharanpur State University, Saharanpur (ii) Upon the establishment of the Saharanpur State University, Saharanpur Districts of Bhaghpat, Bulandshahr, Gautam Buddha Nagar, Ghaziabad, Hapur, Meerut, Muzaffar Nagar, Saharanpur and Shamli. Districts of Bhaghpat, Bulandshahr, Gautam Buddha Nagar, Ghaziabad, Hapur and Meerut 3. Chhatrapati Shahu Ji Maharaj University, Kanpur Districts of Auraiya, Etawah, Farrukhabad, Kannauj, Kanpur Dehat, Kanpur Nagar and Unnao. 4 The Deen Dayal Upadhyay Gorakhpur University, Gorakhpur— (i) Until the establishment of the Siddharth University (ii) Upon the establishment of the Siddharth University Districts of Basti, Deoria, Gorakhpur, Kushi Nagar, Maharajganj, Sant Kabir Nagar and Siddharth Nagar Districts of Deoria, Kushi Nagar and Gorakhpur 5. Doctor Bhim Rao Ambedkar University, Agra (i) Until the establishment of Raja Mahendra Pratap Singh State University, Aligarh (ii) Upon the establishment of Raja Mahendra Pratap Singh State University, Aligarh Districts of Agra, Aligarh, Etah, Firozabad, Hathras, Kaganj, Mainpuri and Mathura Districts of Agra, Firozabad Mainpuri and Mathura 6. Doctor Ram Manohar Lohia Avadh University, Ayodhya Districts of Ambedkar Nagar, Amethi, Ayodhya, Bahraich, Bara Banki, Gonda and Sultanpur. 7. Mahatma Jyotiba Phule Rohil Khand University, Bareilly Districts of Budaun, Bareilly, Bijnor, Jyotiba Phule Nagar, Moradabad, Pilibhit, Rampur [Sambhal and Shahjahanpur 8. The University of Bundelkhand, Jhansi Districts of Banda, Chitrakut, Hamirpur, Jalaun, Jhansi, Lalitpur and Mahoba 9. Vir Bahadur Singh Purvanchal University, Jaunpur— (i) Until the establishment of the Azamgarh State University, Azamgarh (ii) Upon the establishment of the Azamgarh State University, Azamgarh Districts of Azamgarh, Ghazipur, Jaunpur and Mau. Districts of Ghazipur and Jaunpur] 10 Mahatma Gandhi Kashi Vidyapith Varanasi— (i) Until the establishment of the Jananayak Chandrashekhar University, Ballia (ii) Upon the establishment of the Jananayak Chandrashekhar University, Ballia. Districts of Ballia, Chandauli, Mirzapur, Sant Ravidas Nagar, Sonbhadra and Varanasi Districts of Chandauli, Mirzapur, Sant Ravidas Nagar, Sonbhadra and Varanasi 11 The Khwaja Moinuddin Chishti Language University, Lucknow Whole of Uttar Pradesh in respect of education and research in Urdu, Arabic and Persian 12. Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj Districts of Fatehpur, Kaushambi Pratapgarh and Prayagraj.] 13. The Siddharth University, Kapilvastu, Siddharth Nagar District of Balrampur, Basti, Maharajganj Shrawasti, Siddharth Nagar and Sant Kabir Nagar. 14. Jananayak Chandrashekhar University, Ballia Ballia District 15. Maa Shakumbhari University, Saharanpur District of Muzaffar Nagar Saharanpur and Shamli. 16. Maharaja Suhel Dev State University, Azamgarh Districts of Azamgarh and Mau 17. The Siddharth University, Kapilvastu, Siddharth Nagar District of Balrampur, Basti, Maharajganj Shrawasti, Siddharth Nagar and Sant Kabir Nagar. 14. Jananayak Chandrashekhar University, Ballia Ballia District 15. Maa Shakumbhari University, Saharanpur District of Muzaffar Nagar Saharanpur and Shamli. 16. Maharaja Suhel Dev State University, Azamgarh Districts of Azamgarh and Mau 17. Raja Mahendra Pratap Singh State University, Aligarh Aligarh, Etah, Hathras, Kasganj Districts 9. Vir Bahadur Singh Purvanchal University, Jaunpur— (i) Until the establishment of the Azamgarh State University, Azamgarh (ii) Upon the establishment of the Azamgarh State University, Azamgarh Districts of Azamgarh, Ghazipur, Jaunpur and Mau. Districts of Ghazipur and Jaunpur] 10 Mahatma Gandhi Kashi Vidyapith Varanasi— (i) Until the establishment of the Jananayak Chandrashekhar University, Ballia (ii) Upon the establishment of the Jananayak Chandrashekhar University, Ballia. Districts of Ballia, Chandauli, Mirzapur, Sant Ravidas Nagar, Sonbhadra and Varanasi Districts of Chandauli, Mirzapur, Sant Ravidas Nagar, Sonbhadra and Varanasi 11 The Khwaja Moinuddin Chishti Language University, Lucknow Whole of Uttar Pradesh in respect of education and research in Urdu, Arabic and Persian 12. Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj Districts of Fatehpur, Kaushambi Pratapgarh and Prayagraj.] 13. The Siddharth University, Kapilvastu, Siddharth Nagar District of Balrampur, Basti, Maharajganj Shrawasti, Siddharth Nagar and Sant Kabir Nagar. 14. Jananayak Chandrashekhar University, Ballia Ballia District 15. Maa Shakumbhari University, Saharanpur District of Muzaffar Nagar Saharanpur and Shamli. 16. Maharaja Suhel Dev State University, Azamgarh Districts of Azamgarh and Mau 17. Raja Mahendra Pratap Singh State University, Aligarh Aligarh, Etah, Hathras, Kasganj Districts 9. Upon hearing the learned Counsel for the petitioner and the learned Counsel appearing for the respondents, we find that a conjoint reading of Section 2(3), Section 4(1-A), 4(4) and 5 of the Act, along with the Schedule appended to the Act, do not spare a shadow of doubt that the ‘area of the University’ referred to in Section 2(3) has no reference at all to the dimensions of the University campus. It has nothing to do at all with the land area, whereon the University is established. Instead, the area of the University clearly means the area within which the University has affiliating powers or other powers mentioned in the Act. 10. The endeavour of the petitioner to say that the ‘area of the University’ means the land area of its campus, which cannot be diminished contrary to Section 4(4) of the Act, is thoroughly misconceived. Instead, the area of the University clearly means the area within which the University has affiliating powers or other powers mentioned in the Act. 10. The endeavour of the petitioner to say that the ‘area of the University’ means the land area of its campus, which cannot be diminished contrary to Section 4(4) of the Act, is thoroughly misconceived. Upon the fact being pointed out to the learned Counsel for the petitioner, he had no convincing answer, but persisted in his endeavour to say upon instructions received from the petitioner that what is meant by ‘area of the University’ under Section 2(3) of the Act, is the land, whereon the campus is located. 11. We are of opinion that the petition is not only one that is thoroughly misconceived, but has been instituted by the petitioner for some extraneous purpose. She is a retired Professor of the University and apparently has nothing to do with the campus, except some scores to settle. There is no public interest at all involved in the petition on merits as well, inasmuch as the establishment of a big Sub-Station would cater to the interest of the University as well, besides other areas. We also noticed upon a perusal of the lease deed that the land, whereon the Sub-Station has been established is Government land and for that reason, the lease deed has been executed by the Collector on behalf of the Governor for a period of 29 years, 11 months and 29 days in favour of the Power Corporation. 12. The petition, being thoroughly misconceived and lacking bona fides, deserves to be dismissed with heavy costs. It is, accordingly, dismissed imposing cost of Rs. 50,000/-upon the petitioner, which if not deposited within a month in the Account of the Registrar General, Allahabad High Court Mediation and Conciliation Centre, shall be recovered by the District Magistrate, Varanasi as arrears of land revenue and caused to be credited in the account aforesaid. 13. Let this order be communicated to the District Magistrate, Varanasi by the Registrar (Compliance).