ORDER : G.N. Ray, J. 1. In this writ petition, the petitioner challenges the order of detention dated 6-3-1996 passed under sub-section (2) of Section 3 of the Gujarat Anti-Social Prevention Act, 1985. It appears from the grounds of detention that the petitioner initially obtained licence in respect of certain Government land. Such licence, however, according to the respondents, stood terminated sometime in 1966-67 but the petitioner is continuing in unauthorised possession. His appeal for such continuation was also dismissed. It further transpires that the petitioner, as a matter of fact, formed a society and has attempted to establish a school on the Government land under his illegal possession and over a certain period of time, the Government had also released grant for the said school to the extent of about rupees nine lakhs. It is not in dispute that for evicting the petitioner from the Government land, eviction proceedings were also initiated and the order of eviction was passed. The petitioner's appeal against the said order of eviction had also been dismissed and a notice under Section 20 of the Land Revenue Code has been issued for the purpose of taking possession of the said land from the petitioner. From the statements made in the writ petition, which have not been controverted, it appears that the petitioner is not only fairly advanced in age (about 71 years) but is keeping very bad health for the last few years and at present is undergoing treatment as an indoor patient in the Civil Hospital of the State Government at Ahmedabad. As a matter of fact, despite the order of detention, he could not be kept in detention in a civil prison because of his serious ailments and repeated admissions in the Hospital for treatment. 2. In such circumstances, we do not find any justification for detaining the petitioner for the purpose of preventing him from grabbing Government land. In the facts of this case, it appears to us, the order of detention is misconceived. We, therefore, set aside the impugned order of detention. 3. The writ petition is disposed of accordingly.