C. K. BUCH, J. ( 1 ) IN this petition under Art. 226 of the Constitution of India, the petitioner detenu has challenged the legality and validity of the order of detention dated 3. 1. 2002 passed against him by the District Magistrate, Ahmedabad in exercise of the powers conferred on him by Sec. 3 (2) of the Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as the PASA Act) branding the petitioner as a land grabber. ( 2 ) HEARD Mr. K. Pancholi the learned Advocate for the petitioner and Mr. H. H. Patel the learned AGP for the respondent Nos. 1 and 2. The affidavit-in-reply filed by the detaining authority-District Magistrate, Ahmedabad is tendered today and the same is taken on record. ( 3 ) ACCORDING to the affidavit of the detaining authority it is submitted that he has been detained as he has committed fraud with the Government being Talati-cum-Mantri of a particular village and he has created a right in favour of one Salimbhai Ibrahimbhai in an illegal manner and in that way present petitioner in the capacity of main person who grabbed the land situated at village Saroda Taluka Dholka bearing Block No. 339 admeasuring abut 44. 52 Are. The petitioner detenu was a party in producing bogus documents and in creating false Panchnama. ( 4 ) MR. Patel learned AGP for the detaining authority after quoting Sec. 2 (H) of the pasa Act has tried to submit that though the petitioner was not the recipient of the land in question he can still be termed as a land grabber within the meaning of the pasa Act. ( 5 ) ON the other hand the learned counsel for the petitioner has mainly focused on two points. Firstly it is submitted that the order of detention passed against the petitioner should be quashed on the ground of parity because the co-detenu-Salimbhai Ibrahimbhai who is the recipient of the land has been set at liberty by this Court quashing the order of detention passed against him vide order dated 1. 5. 2002 while dealing with SCA No. 2072 of 2002. It is not possible to accept the say of Mr. Patel learned AGP that the petitioner is the main person responsible for grabbing the land-the immovable property in question and in creating right on salimbhai Ibrahimbhai. 5. 2002 while dealing with SCA No. 2072 of 2002. It is not possible to accept the say of Mr. Patel learned AGP that the petitioner is the main person responsible for grabbing the land-the immovable property in question and in creating right on salimbhai Ibrahimbhai. On the contrary the allegations in the petition are replied as if the petitioner-detenu was an abater and an offender of a criminal wrong. On account of this solitary act he cannot be detained under the PASA Act accepting the proposition of law propounded in the field of preventive detention which says that unless the act is a severe wrong, one normally should not be detained for the solitary wrong committed by him. This is in consonance with the principle laid down by the apex Court in its decisions in the case of Anil De vs. State of West Bengal, reported in 1974 (4) SCC 514 , (relevant Para 9) and in the case of Chowdarapu Raghunandan vs. State of Tamil Nadu, reported in 2002 0 AIR (SCW) 1322, (relevant Para 5 ). So on this second ground also, the order of detention requires to be set aside. ( 6 ) I am told that the Government has initiated a departmental inquiry against the petitioner and he may be suspended from his service. So the order remedies are very well available i. e. , the State Government has initiated inquiry proceedings against the petitioner. Therefore, the order of detention should not have been passed by the detaining authority. In short the order of detention is bad and, therefore, the same is required to be quashed and set aside. For the reasons aforesaid this petition is allowed. Impugned order of detention dated 3. 1. 2002 passed by the District magistrate, Ahmedabad is set aside and the petitioner detenu Sunderbhai Hirabhai vegade is ordered to be set at liberty forth if he is not required to be detained in any other cases. Rule is made absolute. Direct Service is permitted. .