IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 677 of 2010 Yashwant Singh S/O Dev Singh, Vendor of Fair Price Shop, Daulatpur, Block Haldwani, District Nainital. … Petitioner. Versus 1. The Commissioner, Kumaon Region, Nainital. 2. The District Magistrate, Nainital. 3. The District Supply Officer, Nainital. 4. Smt. Ganga Kulera W/O Late Jagdish Chandra Singh Kulera, Sunderpur Raikwal-Gaulapar-Haldwani, District Nainital. … Respondents. Mr. Sanjeev Kumar Sah, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, learned Additional C.S.C. for the respondents Nos. 1 to 3. Date May 07, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ, order or direction for quashing the order dated 31-3- 2010 passed by the respondent no. 1 in appeal filed by respondent no.4. The grievance of the petitioner is that the shop in question was allotted to the petitioner by order dated 29-12-2009 by the District Supply Officer on the direction of the District Magistrate. Aggrieved by the said order, the respondent no. 4 preferred an appeal (No. 17/2009-2010) before the Commissioner Kumaun Division Nainial. Right to file an appeal is statutory in nature and the learned Commissioner has rightly exercised jurisdiction to grant interim order dated 31-3-2010 in favour of the respondent no. 4 till 9-6-2010. 2 If the petitioner has any grievance against the order dated 31-3-2010, he may raise it before the Commissioner and may also file stay vacation application in the said appeal. The writ petition being devoid of merit is liable to be dismissed outright at the threshold. With the above observation, the writ petition is dismissed summarily. ( B.S.Verma, J.) RCP