BADAR DURREZ AHMED, J -- Through this writ petition, the petitioners are seeking a direction for quashing/setting aside Section 50 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as ‘the DLR Act’) as being violative of Articles 14, 16 and 19 of the Constitution of India, and also being impliedly repealed by the Hindu Succession (Amendment) Act, 2005. The petitioners are also seeking a direction to the respondents to mutate the disputed agricultural land left by the deceased husband of petitioner No. 1, equally, in favour of the petitioners and respondent Nos. 3, 4 and 5.

2. The petitioners herein are the widow (petitioner no. 1) and two minor daughters (petitioner Nos. 2 and 3) of Late Shri Inder Singh, the owner of the disputed land, who died intestate on 15.12.2006. Prior to his marriage with petitioner No.1 (Nirmala), Late Shri Inder Singh was married to another lady called Nirmla (shown as Nihali Devi in the counter-affidavit), with whom he had two sons and a daughter. He married petitioner no. 1 in 1997, after the death of his first wife in 1995. Respondent Nos. 3, 4 and 5 are the children of Late Shri Inder Singh and his first wife.

3. Late Shri Inder Singh had bhumidhari rights in respect of agricultural land to the extent of 1/6th share in Khata No. 136/132 consisting of Kh. No. 30/24 (4-16) and Kh. No. 31/13/1/2 (1-8) ad-measuring 6 Bighas 4 Biswas and 1/6th share in Khata No. 78/76 consisting of Kh. No. 35/1 (4-16), 35/2 (4-16), 9/1 (3-14), 10 (4-15), 27 (0-3), 36/4/2 (3-10), 5/2 (4-4), 6 (4-16), 7/2 (2-12), 14/1/2 (1-4), 54/45 (0-18) and 51 (0-2) ad-measuring 35 Bighas 10 Biswas. The total agricultural land ad-measuring 41 Bighas 14 Biswas (hereinafter referred to as the disputed agricultural land) is situated in the revenue estate of village Tazpur Kalan, Delhi.

4. After the death of Late Shri Inder Singh on 15.12.2006, petitioner no. 1 moved an application before the concerned Tehsildar on 05.02.2007, to mutate the above-mentioned disputed agricultural land in favour of the petitioners, but he refused to do so in view of Section 50 of the DLR Act. Being aggrieved by the decision of the Tehsildar, petitioner no. 1 called a meeting of the Panchayat of the village and in that meeting dated 12.02.2007, it was unanimously decided by the Panchayat as well as by respondent Nos. 3-5, that the petitioners be allotted 1/3rd share in the disputed agricultural land holdings owned by the deceased Shri Inder Singh. In pursuance of this decision, the petitioners were given possession of their share. But even then, respondent Nos. 3-5 were creating hindrances and not allowing the petitioners to work in their fields properly. Petitioner no. 1 also approached the concerned S.D.M and Deputy Commissioner of the area in March 2007, but her application was not entertained. Hence, the present writ petition was filed in August 2007.

5. Before we consider the issue at hand, it would be pertinent to set out the legislative developments. The DLR Act came into force on 20.07.1954. Its preamble states that it is "[a]n Act to provide for modification of zamindari system so as to create an uniform body of peasant proprietors without intermediaries, for the unification of the Punjab and Agra systems of tenancy laws in force in the State of Delhi and to make provision for other matters connected therewith". Section 50 of the Act provided that only male members of a family had the primary right of succession to agricultural land; it excluded female members from succeeding to such land holdings when male lineal descendants were available. Section 50 of the DLR Act is reproduced hereunder:

"50. General order of succession from males. - Subject to the provisions of section 48 and 52, when a Bhumidhar or Asami being a male dies, his interest in his holding shall devolve in accordance with the order of the succession given below:

(a) Male lineal descendants in the male line of the descent :

Provided that no member of this class sh