1. Petitioner prays for a Writ of Certiorari calling for records in I.A. No. 479 of 2013 in O.S. No. 45 of 2013 dated 10.04.2013 on the file of the A.P. State Wakf Tribunal (for short the Tribunal), Hyderabad and to quash the same. Petitioner also seeks a Writ of Prohibition against the Tribunal from proceeding and entertaining O.S. No. 45 of 2013 on its file.

2. The claim of the petitioner arises on the following facts:-

(a) It is stated that vide G.O. Ms. No. 232 Municipal Administration dated 18.03.1981 the Government had directed the Hyderabad Urban Development Authority (HUDA) to acquire 65.07 acres of land at Shaikpet village at Hyderabad covered by Sy. Nos. 320/1/A, 320/1AA, 320/2, 324, 326/1 and 2 and to construct houses for the members of the Osmania University Employees Cooperative Housing Society Limited. Accordingly, vide award in L.A. No. 433 of 1983, the HUDA acquired the said land and entered into an agreement with the Osmania University Employees of the Cooperative Housing Society Limited for taking up housing project. Lay out, accordingly, was approved and plots were allotted to the members of the said society and accordingly, vide G.O. Ms. No. 6 Municipal Administration dated 02.01.1989 HUDA executed a sale deed in favour of the society covering an extent of 64.11 acres covering about 955 plots and handed over physical possession of the said land to the said society on 02.03.1989.

(b) Accordingly, the registered sale deeds were executed in favour of individual plot owners by the said society and petitioner claims to be one of the allottees of plot No. 351/3 admeasuring 179 sq. yards vide registered sale deed, being Document No. 507 of 2011 dated 05.03.2011. Petitioner states that he constructed compound wall with a small room, which was assigned H. No. 8-1-284/OU/351/3. Petitioner claims that second respondent along with antisocial elements tried to encroach on the said land against which he got registered an FIR. No. 19 of 2012 and also filed O.S. No. 1341 of 2012 before the XXI Junior Civil Judge, on 18.06.2012 and obtained ad interim injunction in I.A. No. 220 of 2012, which was later made absolute on 16.07.2012.

(c) Thereafter, the second respondent filed O.S. No. 45 of 2013 before the Tribunal seeking relief of declaration that the schedule property viz. 360 sq. yards appurtenant to Jama Masjid, being part of same Sy. No. 320/1A, 320/1AA and bearing H. No. 8-1-284/OU/30/10 as wakf property and thereby, declare the sale deed claimed by the petitioner as illegal and void and consequently, for possession by removing encroachment and for permanent injunction etc. In the said suit, the second respondent also filed an application for interim injunction vide I.A. No. 479 of 2013 and obtained ex parte interim injunction by order of the Tribunal dated 10.04.2013. Aggrieved thereby, the petitioner filed the present petition seeking Writ of Certiorari and Writ of Prohibition.

3. In the present writ petition, the A.P. State Wakf Board is impleaded as first respondent and the plaintiff in O.S. No. 45 of 2013 is arrayed as second respondent and the reliefs sought for are based upon the following specific contentions:

(i) The schedule property, which is subject matter of O.S. No. 45 of 2013, is not notified in the official Gazette under Section 5(2) of the A.P. Wakf Act, 1995 (for short the Act) and it is not a notified wakf.

(ii) The said property is not registered with the A.P. Wakf Board, which is a condition precedent for the Tribunal to exercise its jurisdiction.

(iii) The respondents are, for the first time, claiming ownership and title ignoring that 25 years ago, HUDA executed sale deed dated 22.03.1999 in favour of the vendor of the petitioner and that since then the vendor and thereafter, the petitioner are enjoying the property and prima facie title and possession was recognized by the civil Court while granting injunction in favour of the petitioner in I.A. No. 220 of 2010 in O.S. No. 1341 of 2012.