Summary
The Union sought transfer of an Andhra Pradesh High Court challenge to the Forest Rights Act because a substantive challenge to the same central statute was already pending in the Supreme Court. The Court allowed transfer and ordered prompt transmission of the record.
Issues
- Whether the High Court constitutional challenge should be transferred in view of the pending Supreme Court challenge to the same Act.
Held
- The High Court writ petition and the pending Article32 petition both questioned the constitutional validity of the same central statute. That parallel substantive challenge justified granting the Union’s Article139A transfer request. The statute’s validity was not decided. (¶ 1–5)
- High Court Writ Petition15798of2009 was transferred to the Supreme Court, and the Registry was directed to secure expeditious transmission of papers and proceedings. (¶ 6–7)
Result
Transfer petition disposed of by allowing transfer of High Court Writ Petition15798of2009 to the Supreme Court and directing expeditious record transmission.