CIVIL ORIGINAL JURISDICTION
Versus
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).
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.
New Delhi November 13, 2017
Transfer Petition(s)(Civil) No(s).423/2012
UNION OF INDIA Petitioner(s)
VERSUS
AKHILA BHARATIYA ADIVASI VIKAS PARISHAD & ORS. Respondent(s)
Date : 13-11-2017 This petition was called on for hearing today.
CORAM :
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
The Transfer Petition is disposed of in terms of the
signed order.
(Chetan Kumar ) (H.S.Parasher) Court Master Assistant Registrar
(Signed reportable order is placed on the file)