1. Mr.Onkara K.B., learned counsel for the appellant.

Smt.Vani H., learned Additional Government Advocate for the respondent Nos.1 to 3.

This intra Court appeal arises out of order dated 19.08.2021 passed by the learned Single Judge by which writ petition preferred by the appellant has been dismissed.

2. Facts leading to filing of this appeal briefly stated are that the appellant claims that the resolution dated 17.02.2018 was passed by Gram Panchayat in his favour, appointing him as a Bill Collector. It is also averred that the aforesaid resolution was approved by the Chief Executive Officer and therefore, the appellant has a right to seek appointment to the post of Bill Collector. However, the respondent No.4 was appointed on the post of Bill Collector in compliance of an order passed by this Court. Thereupon, the appellant filed a writ petition in which a direction was sought to the Chief Executive Officer and the Panchayat Development Officer to cancel the appointment of the respondent No.4 and to appoint the appellant to the post of Bill Collector. The aforesaid writ petition was dismissed by the learned Single Judge inter alia on the ground that mere passing of a resolution to appoint the appellant to the post of Bill Collector would not confer any right on the appellant to seek appointment. It was further held that the resolution passed in favour of the appellant was not approved by the Chief Executive Officer. It was further held that there was no vacancy to the post of Bill Collector and the petitioner has no right to seek appointment to the post of Bill Collector. In the aforesaid factual background, this appeal has been filed.

3. Learned counsel for the appellant submitted that the resolution which was passed in favour of the appellant has been approved by the Chief Executive Officer in terms of Section 113 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as '' for short) and therefore, the appellant has a right to seek appointment to the post of Bill Collector.

4. We have considered the submissions made by the learned counsel for the appellant. It is trite law that a writ of mandamus ensues when there is a legal right and corresponding legal duty. The appellant in the instant case, has no legal right to claim appointment to the post of Bill Collector. At the most, he can seek a right to be considered for appointment to the post of Bill Collector. It is pertinent to note that the resolution was passed in favour of the appellant on 17.02.2018 whereas the approval said to be accorded by the Chief Executive Officer is granted on 11.08.2017. Therefore, the contention that the resolution by which the appellant was sought to be appointed to the post of Bill Collector, has been approved by the Chief Executive Officer under Section 113 of the, is misconceived and is factually incorrect. Mere passing of a resolution by the Gram Panchayat does not by itself confer a person a right to seek appointment. The appellant has failed to prove the infraction of either any legal right or any corresponding legal duty on the respondents to appoint him to the post of Bill Collector.

5. For the aforementioned reasons, we do not find any merit in the appeal. The same fails and is hereby dismissed.