( 1 ) THE short question that falls for consideration in this writ petition is whether on the advent of Urban Land (Ceiling and Regulation) Act, 1976 (Act 33/ 1976) and on issuance of G. O. Ms. No. 319 municipal Administration, dated 23-6-1980 extending the master plan to the lands in the peripheral area will have the effect of ceasing the operation of A. P. (Telangana area) Tenancy and Agricultural Lands act, 1950 (Act 21/1950) to the lands covered by extended master plan.

( 2 ) THE 1st respondent granted succession of agricultural lands in favour of respondents 2 to 9 over the lands in sy. Nos. 154, 155, 156, 157 and 158 admeasuring Ac. 30. 23 gts. of Kapra Village which is the subject-matter of challenge in this writ petition. Against the said order though statutory appeal lies to the Collector and further revision to the High Court, petitioners justified their action in invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of india contending that in view of overriding effect given to the provisions of Act 33/ 1976 once the master plan is extended to the lands no enquiry can be proceeded nor any order can be passed under the Act 21/1950 for granting succession over the said lands.

( 3 ) BRIEF facts, which are necessary for due adjudication of the writ petition, are as under:

( 4 ) RESPONDENTS 2 to 9 filed an application before the MRO-1st respondent to grant succession over the suit schedule lands stating that late Donka Ramaswamy s/o Narsaiah was the protected tenant of the above lands of which Mir Gulam Ali and Mir Mehdi Ali are the Pattadars. On the death of Ramaswamy his son-Donka jangaiah succeeded to the tenancy rights and he also died in the year 1997 leaving the Respondents 2 to 9 herein as successors and lineal descendants to the property. The same was contested by the petitioners as well as Bhavanarushi Co-operative House building Society on various grounds admitting that the name of Donka Ramaswamy was recorded as protected tenant of the land as he was the eldest son of Donka narsaiah and in the family settlement among the brothers of Ramaswamy, he was provided with the lands at Dammaiguda village for relinquishing his rights over the tenancy lands and after the demise of ramaswamy a Memorandum of Agreement was signed by Jangaiah on 29-12-1983 who surrendered their protected tenancy rights over the lands of which Society purchased the total extent and the said lands were registered in the name of the society. The lands in question are Inam lands; therefore, provisions of tenancy Act have no application. The MRO by the impugned proceedings dated 30-6-2003 held that donka Ramaswamy was alone the protected tenant and the Respondents 2 to 9 who are the legal heirs and lineal descendants of the deceased protected tenant and accordingly succession was granted in their favour under Section 40 of Act 21/1950.

( 5 ) IN the affidavit filed in support of the writ petition it is contended that respondents who have purchased the lands from the petitioners under agreement of sale dated 17-4-1983; 17-5-1986, 22-5-1986, and 3-8-1986. The 2nd respondent has failed to pay the balance consideration on or before 17-4-1984, which is a condition precedent to get the land surveyed and demarcated. Unless the lands are divided and identified, the alleged agreement dated 17-5-1986 is hit by Sections 30 and 38 of act 21/1950 and the same is applicable to subsequent agreements dated 22-5-1986, 3-8-1986. The General Power of Attorney (GPA) dated 16-7-1988 cannot be looked into, as the property for which the GPA was given is not identifiable and is hit by article 42 (c) of Indian Stamp Act. In view of the same, no importance can be attached to the sale deed dated 17-8-1990 which is said to have been executed in favour of respondent No. 2, since the document is silent as to the name of the executant. Sections 30 and 48a prohibits sale of land by a tenant. Section 19 contemplates terminati