D. K. SETH, J. ( 1 ) THE orders dated 25. 7. 1979 passed by the prescribed authority in a proceeding under U. P. Public Premises [eviction of Unauthorised Occupants) Act, 1972, and the order dated 6. 4. 1981 passed by the learned District Judge in the appeal thereout being Misc. Appeal No. 298 of 1979, is being challenged by means of this writ petition. From the office note dated 7. 2. 1998. It appears that respondent No. 1 Sri Banwarilal had accepted notice. No one appears to oppose the said writ petition. ( 2 ) SRI Lalji Slnha. learned counsel for the petitioner has led me through both the orders while translating the order of the prescribed authority. It appears from the order passed by the appellate authority that it had proceeded on the presumption that it was for the authority concerned to discharge the burden of proof. The entire order proceeded on the premise that the respondents had claimed that they were not occupying plot Nos. 539 and 543, it was for the petitioner to establish that the respondents were occupying the said plots. ( 3 ) BUT the fact remains that U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 is a special Statute which prescribes different procedure and carves out an exception from the normal procedure prescribing a summary procedure, which does not elaborate the procedural aspects and is a departure from the normal procedure. ( 4 ) SECTIONS 4 and 5 of the aforesaid Act provides for procedure which runs as under: "4. Issue of notice to show cause against order of eviction.-- (1) if the prescribed authority, either of its own motion or on an application or report received on behalf of the State Government or the corporate authority. Is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the prescribed authority shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (2) The notice shall : (a) specify the grounds on which the order of eviction is proposed to be made, and (b) require all persons concerned that is to say, all persons who are, or may be. (2) The notice shall : (a) specify the grounds on which the order of eviction is proposed to be made, and (b) require all persons concerned that is to say, all persons who are, or may be. In occupation of, or claim interest in the public premises, to show cause, if any, against the proposed order on or before such date as is specified in the. notice, being a date not earlier than ten days from the date of issue thereof. (3) The prescribed authority shall cause the notice to be served either personally on all those persons concerned or by having it affixed on the outer door or some other conspicuous part of the premises and in any other manner provided in the Code of Civil Procedure. 1908. (4) Where the prescribed authority knows or has reasons to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by registered post or by delivering or tendering it to that person or in such other manner as may be prescribed. ( 5 ) EVICTION of unauthorised occupants.-- (1) If. after considering the cause, if any shown by any person in pursuance of a notice under Section 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the prescribed authority is satisfied that the public premises are in unauthorised occupation, the prescribed authority may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises. (2) If any person refuses or fails to comply with the order of eviction within thirty days of the date for its publication under sub-section (1) the prescribed authority or any other officer duly authorised by the prescribed authority in this behalf may evict that person from and take possession of the public premises and may, for that purpose, use such force, as may be necessary. " a perusal of the said section makes it clear that as soon as the prescribed authority is of the opinion that any person is in unauthorised occupation of the public premises and that he should be evicted, notice in writing is to be issued by him calling upon such persons to show cause why eviction should not be made. Thus when the prescribed authority is of the opinion, he issues notice requiring the person concerned to show cause why order of eviction should not be made. The notice will specify the grounds for the proposed eviction. The procedure prescribed, therefore, shows that it is for the person concerned who has to show cause as to why order of eviction should not be made against him. The moment notice is issued, it is open to the person on whom burden lies to prove that such order of eviction should not be made. 5. Similarly, Section 5 provides that after considering the cause shown by such person pursuant to such notice or any evidence that such person may produce in support of the cause shown by him and if the prescribed authority is satisfied that the person occupying the public premises is unauthorised then the order of eviction is tp be made. Thus Section 5 also provides that cause is to be shown by the person concerned and the evidence has to be given by him to prove that he is not in unauthorised occupation of any public premises. Therefore, the question of burden as has been discussed in the impugned order, appears to be wholly misconceived and contrary to the provisions of Sections 4 and 5 of the said Act. ( 6 ) SINCE the person concerned in the present case was claiming that their houses were not situated in plot Nos. 539 and 543, it was for them to show by production of sufficient plan or map as to on which plots their houses were. situated. It does not appear from the material on record that the said persons had claimed that their houses were situated at a particular plot other than plot Nos. 539 and 543. The only claim that has been made is to the effect that their houses were not constructed within the area of plot Nos. 539 and 543. situated. It does not appear from the material on record that the said persons had claimed that their houses were situated at a particular plot other than plot Nos. 539 and 543. The only claim that has been made is to the effect that their houses were not constructed within the area of plot Nos. 539 and 543. In absence of any specific pleadings, simply on the assertion that their houses were not situated within plot Nos. 539 and 543. the burden could never be shifted on the petitioner to prove that their houses were not situated within plot Nos. 539 and 543. Therefore, it was Incumbent on the person concerned to show cause that their houses were not situated within plot Nos. 539 and 543 particularly when ownership of plot Nos. 539 and 543 of the petitioner was not disputed. ( 7 ) THUS, the entire approach o both the prescribed authority and the appellate authority was wholly misplaced. ( 8 ) IN that view of the matter, the order dated 25. 7. 1979 (Annexure-a to the writ petition) and the order dated 6. 4. 1981 (Annexure-b1 to the petition) cannot be sustained and as such are hereby quashed. Let a writ of certiorari do Issue accordingly. ( 9 ) IT would be open to the prescribed authority to decide the case afresh on the basis of materials that might be produced by either of the side. It will also be open to the petitioner to produce survey map or plan prepared/carried by them and prove the same, before the prescribed authority in their support. It will also be open to the person concerned to take similar steps if they are so advised. It is expected that the prescribed authority shall decide the case as early as possible preferably within a period of six months from the date of production of certified copy of this order. .