UNION OF INDIA versus AKHILA BHARATHIYA ADIVASI VIKASA PARISHAD & ORS.
[2017] 11 S.C.R. 251, Supreme Court of India, 2017
Outcome: Disposed off
Segment: Issues
[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.