Petitioner is entitled to invoke the jurisdiction of the Tribunal when no other remedy by way of appeal or revision is provided in the Act. When the Act provides any appeal or revision against the order passed under the Act, the same has to be exhausted before approaching the Tribunal under Section 83(2) of the Act. Under the Act, Section 65(2) deals with the revisional power given to the State Government to satisfy itself as to the correctness, legality or propriety of the notification issued by the Board under Sub-Section (1) of Section 65. As per Section 65(2), the State Government may, on its own motion or on the application of any person interested in the Waqf can scrutinies the notification issued by the Board under Section 65(1) of the Act. Therefore, an inbuilt machinery is provided under the Act to find out the correctness, legality, or propriety of the notification and hence, without resorting to that provision, it is not open to the respondent to apply to the Tribunal under Section 83(2) for challenging the notification under Section 65(1) of the Act. This has been made clear by the Honourable Supreme Court in the judgment reported in 2006 10 SCC 696 ( M.P.Waqf Board v. Subhan Shah), by holding that, "where a statute creates different authorities to exercise their respective functions thereunder, each of such authority must exercise the functions within the four corners of the statute."
