[2017] ll S.C.R. 251 UNION OF INDIA A v. AKHILA BHARATHIYA ADIVASI VIKASA PARISHAD & ORS. (Transfer Petition (C) No.423 of2012) NOVEMBER 13, 2017 B [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.J Constitution of India - Arts. I 39A and 32 - Transfer Petition - Petitioner sought transfer of a writ petition pending before the cHigh 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 vires 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: F 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. 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). H 251 252 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.

[2017] ll S.C.R. 251 UNION OF INDIA A v. AKHILA BHARATHIYA ADIVASI VIKASA PARISHAD & ORS. (Transfer Petition (C) No.423 of2012) NOVEMBER 13, 2017 B [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.J Constitution of India - Arts. I 39A and 32 - Transfer Petition - Petitioner sought transfer of a writ petition pending before the cHigh 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 vires 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: F 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. 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). H 251 252 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.