Union of India v. Akhila Bharathiya Adivasi Vikasa Parishad & Ors.

Judgment

CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) No. 423 of2012 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 Constitution. 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). [2017) I l S.C.R. 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 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 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 expeditiously. 7. The Transfer Petition is accordingly disposed ot'. Ankit Gyan Tnu1slt.•r Pelition disposed of.