A bench of justices T S 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 Lok Ayukta against Yeddyruppa in the alleged mining scam had led to his exit as the state chief minister last July.
The high court, however, on Yeddyruppa's appeal, had in March this year quashed the FIR against him and had also struck down the part of the Lok Ayukta's report which accused him of complicity in illegal mining.
Challenging the order, petitioner Vishwanath, who was also the original complainant before the state Lok Ayukta, 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 Lok Ayukta 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. PTI AAC RKS
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