(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Union of India _____________________________________ Petitioner
v.
Akhila Bharathiya Adivasi Vikasa Parishad & Ors. ______ Respondent(s)
Transfer Petition (Civil) No. 423 of 2012, decided on November 13, 2017
The Order of the court was delivered by
Order
1. The Union of India has sought a transfer of Writ Petition (Civil) No. 15798 of 2009 pending before the High Court of Judicature of Andhra 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 of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, (Act No. 2 of 2007).
3. A Writ Petition under Article 32 of the Constitution – Writ Petition (Civil) No. 50 of 2008, challenging the vires of the Act is pending before the Court.
4. Notice was issued in this proceeding on 13 January 2014 and a stay of further proceedings before the High Court was granted. The office report indicates 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 Court 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 of 2009 pending before the High Court of Judicature of Andhra Pradesh at Hyderabad is transferred to this Court. The registry is directed to take necessary steps to ensure that the papers and proceedings are transmitted to this Court expeditiously.
7. The Transfer Petition is accordingly disposed of.
Transfer Petition(s)(Civil) No(s).423/2012
Union of India ___________________________________ Petitioner
v.
Akhila Bharatiya Adivasi Vikas Parishad & Ors _______ Respondent(s)
Date: 13-11-2017 This petition was called on for hearing today.
(Before Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
For Petitioner(s) Ms. Pinky Anand, ASG
Mr. A.K. Shrivastav, Adv.
Mr. Rishabh Jain, Adv.
Mr. Hemant Arya, Adv.
Ms. Pallavi Chopra, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
8. The Transfer Petition is disposed of in terms of the signed order.
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