Section 10(2) in The West Bengal Acquisition And Settlement Of Homestead Land Act, 1969.
(2)In any suit or proceeding in any court for the eviction of an occupier from the land in his possession, including any such suit or proceeding pending on the date of coming into force of this Act, the occupier may-(a)if he has made an application under section 4, file a petition to the court supported by a certificate from the Collector to the effect that he has done so;(b)if an inquiry has been started by the Collector on his own motion under sub-section (2) of section 5, file a petition to the court supported by a certificate from the Collector to the effect that the Collector has started the inquiry;(c)if he has not made an application under section 4 and if no inquiry has been started by the Collector on his own motion under subsection (2) of section 5, file a petition to the court stating that he intends to make an application under section 4.
