Judgment There will be an order in terms of prayer (a) of the Stay Petition. 2. This appeal with the consent of the petitioner is treated as on the day’s list and is being disposed of. 3. This appeal is directed against the judgment and order dated 27th August, 1997 passed by a learned Single Judge of this Hon'ble Court in writ petition no. 1250 of 1997. The fact of the matter lies in a very narrow compass. The writ petitioner/first respondent filed a writ application questioning the determination of annual valuation by the appellant. The learned Trial Judge by reason of the impugned order while directing the petitioner to file an appeal before the concerned authority, further directed that such appeal stall be preferred by the petitioner in terms thereof without making any payment whatsoever. The learned Trial Judge further granted an unconditional stay for eight weeks from the date of passing of the said order. It is stated that pursuant to the order of the learned trial Judge an appeal had been filed within two weeks before the Appellant Authority in terms of Section 189(6) of the Calcutta Municipal Corporation Act. The only question which arises for consideration. In the appeal is as to whether the learned Trial Judge was right in allowing the first respondent to prefer an appeal without making any payment whatsoever. Proviso appended to Section 189(6) of the Calcutta Municipal Corporation Act reads thus :- "No appeal under this Section shall be entertained unless the consolidated rate in respect of the land or building for the period ending on the date of presentation of the appeal on the valuation determined under Section 188 has been deposited (in the office of the Corporation) and the appeal shall abate unless such consolidated rate is continued to be deposited till the appeal is finally disposed of." 4. In view of the aforesaid provision, we have no doubt in our mind that the appeal could be entertained by the Appellate Authority only if the conditions precedent therefore were fulfilled. The learned Trial Judge, on our opinion, committed an error in directing that such appeal be entertained without making and payment whatsoever by the writ petitioner. Right to prefer an appeal is the creation of statute and, thus, such a right can be hedged with condition. The learned Trial Judge, on our opinion, committed an error in directing that such appeal be entertained without making and payment whatsoever by the writ petitioner. Right to prefer an appeal is the creation of statute and, thus, such a right can be hedged with condition. As in terms of Section 189(6) of the Calcutta Municipal Corporation Act certain conditions have been imposed before an appeal can be entertained and disposed of, unless the appellant fulfils such condition, the appeal cannot be entertained of disposed of. The Court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot issue a direction which would be in violation of law. 5. For the reasons aforementioned, we set aside that part of the order whereby and whereunder the writ petitioner/first respondent was permitted to prefer an appeal without making any payment whatsoever. 6. Mr. Tibriwal, however, submits that the order passed by the authorities of the Calcutta Municipal Corporation was wholly without Jurisdiction. This may be so, but in this appeal, we are not concerned with the merit or demerit of the order passed by the Hearing Officer of the Calcutta Municipal Corporation. It is not for this Court to consider as to whether in exercise of its discretion the petitioner could have availed of the alternative remedy or not, but such discretion having been esercised by issuing a direction to prefer an appeal and the said order having been complied with by the first respondent, this Court cannot enter into the merit of the matter. The writ petitioners first respondent may, therefore, take recourse to such action as be may be advised. 7. All undertakings, given are discharged. 8. This application is thus disposed of. All parties to act on a xerox signed copy of the dictated order upon usual undertaking.