[2017] ll S.C.R. 251
UNION OF INDIA
v.
AKHILA BHARATHIYA ADIVASI VIKASA PARISHAD & ORS.
(Transfer Petition (C) No.423 of2012)
NOVEMBER 13, 2017
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.J
A
B
Constitution of India - Arts. I 39A and 32 - Transfer Petition
- Petitioner sought transfer of a writ petition pending before the c
High Court of Judicature of Andhra Pradesh to Supreme Court -
Writ petition before High Court assails the constitutional validity of
the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act 2006,(Act No.2 of 2007) - Held:
Since a Substantive writ petition u/Art.32 is pending before the
Supreme Court where the vi res of the same ce/lfral statute is in issue,
D
prayer for transfer accepted - Writ petition before High Court
transferred to Supreme Court and registry directed to take necessary
steps expeditiously.
CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) No.
423 of2012
E
Under Article 139A of the Constitution of India.
Ms. Pinky Anand, ASG, A. K. Shrivastav, Rishabh Jain, Hemani
Arya and Ms. Palla vi Chopra, Ad vs. for the Petitioner.
The following Order of the Court was delivered:
ORDER
I. The Union oflndia has sought a transfcrofWrit Petition (Civil)
No. 15798 of2009 pending before the High Court ofJudicature ofAndhra
Pradesh at Hyderabad to this Court under Article 139(A) of the
F
Constitution.
G
2. The Writ Petition before the High Court assails the constitutional
validity ofThe Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act 2006, (Act No. 2 of2007).
251
H
252
SUPREME COURT REPORTS
[2017) I l S.C.R.
A
3. A Writ Petition un<ler Article 32 of the Constitution - Writ
Petition (Civil) No. 50 of2008. challenging the vires of the Act is pending
before the Court.
4. Notice was issued in this proceeding on 13 January 2014anda
stay of further proceedings before the High Court was granted. The
B
office report in~icates that service of notice is complete. No appearance
has been entered on behalf of the respondents.
5. Since a substantive Writ Petition under Article 32 is pending
before this Co411 where the vires of the same central statute is in issue,
we accede to the prayer for transfer of the proceedings pending before
C
the High Court to this Court.
6. Consequently, Writ Petition (Civil) No. 15798 of2009 pending
before the High Court of Judicature of Andhra Pradesh at Hyderabad is
transfcm·d to this Court. The registry is directed to take necessary steps
to ensure that the papers and proceedings arc transmitted to this Cou11
D
expeditiously.
7. The Transfer Petition is accordingly disposed ot'.
Ankit Gyan
Tnu1slt.•r Pelition disposed of.
Lex