A bench of justices TS Thakur and Gyan Sudha Mishra, however, pulled up the petitioner for filing the appeal saying he should make up his mind before approaching the court.
The stinging remarks of the Lokayukta against Yeddyurappa in the alleged mining scam had led to his exit as the state chief minister last July.
The high court, however, on Yeddyrurappa’s appeal, had in March this year quashed the FIR against him and had also struck down the part of the Lokayukta's report which accused him of complicity in illegal mining.
Challenging the order, petitioner Vishwanath, who was also the original complainant before the state Lokayukta, had said the high court "had erred in holding" that there was no material placed on record to establish that Yeddyurappa had shown any official favour to the companies.
"It is most respectfully submitted that the Lokayukta is the primary investigating authority and submits its recommendations on the basis of material that it has been able...To collect. Thereafter, the due process of law has to be followed and appropriate proceedings initiated to establish the guilt or otherwise of the public servant," the petition had stated.
New Delhi: The Supreme Court on Monday allowed a withdraw of a plea against the Karnataka High Court's order, quashing the FIR against former chief minister BS Yeddyurappa in the alleged illegal mining case.
First Published: Monday, April 30, 2012, 17:23