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

Case Details & Bench

Court: High Court
Hon'ble Judges: Dipak Misra
A. M. Khanwilkar
D. Y. Chandrachud
Judgment Date: 2017-11-13
Court Decision / Holding: The Transfer Petition is disposed of. The Union of India’s prayer for transfer of Writ Petition (Civil) No. 15798 of 2009 from the High Court to this Court under Article 139A is allowed; the writ petition is transferred to this Court and the registry is directed to transmit the papers expeditiously.
Final Disposition: Transfer Petition disposed of

Parties to the Case

Appellants / Petitioners

Union of India

Respondents

Akhila Bharathiya Adivasi Vikasa Parishad
Ors.

Legal Representation & Advocates

Counsels for Petitioners

• Ms. Pinky Anand, ASG
• A. K. Shrivastav
• Rishabh Jain
• Hemani Arya
• Ms. Pallavi Chopra

Case Synopsis & Summary

This is a transfer petition under Article 139A of the Constitution, filed by the Union of India, seeking to transfer a writ petition (Civil) No. 15798 of 2009 pending before the High Court of Judicature at Hyderabad, Andhra Pradesh, challenging the constitutional validity of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Act No. 2 of 2007). The High Court has already admitted a challenge to the central statute's vires via a writ petition under Article 32, which is pending before this Court. The Supreme Court notes that two streams of litigation on the same central statute in different fora could lead to inconsistent judgments. Since a substantive writ petition under Article 32 is pending here, the Court accedes to the prayer for transfer to avoid conflicting determinations and to unify the adjudication on the vires of the Forest Rights Act. Accordingly, Writ Petition (Civil) No. 15798 of 2009 is transferred to this Court, and the registry is directed to transmit the papers expeditiously. The transfer petition is disposed of, enabling the apex court to adjudicate the central statute’s validity in a consolidated proceeding with the Article 32 petition already before the Court.

Provisions of Law Cited

Constitution of India Article 139AConstitution of India Article 32Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Act No. 2 of 2007)

Submissions & Arguments

Contentions of Appellants / Petitioners

The Union of India moved for transfer of Writ Petition (Civil) No. 15798 of 2009 from the High Court of Judicature at Hyderabad to this Court under Article 139A, contending that a substantive writ petition under Article 32 challenging the vires of the same central statute is already pending before this Court and that the matter should be consolidated to ensure uniform adjudication on the Forest Rights Act.

Contentions of Respondents

No appearance has been entered on behalf of the respondents; hence no substantive arguments were recorded.

Extracted Judgment Text

Exact text extracted from official judgment records.

[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_ 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: 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 [2017) I l S.C.R. SUPREME COURT REPORTS 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.