Yeddyurappa's counsel filed a memo before the bench, comprising justices K L Manjunath and H S Kempanna, seeking to withdraw the petition, citing "subsequent developments," as well as liberty to challenge it at a later date.
"No liberty can be granted", the court said, dismissing the petition as withdrawn, and also observed that seeking quashing of the report when investigation into it has not started is "premature". The bench observed that the Lokayukta probe was referred by the Government.
In Chapter 22 of the Lokayukta report submitted to the Government last month, initiation of prosecution under the Prevention of Corruption Act was recommended against Yeddyurappa.
Yeddyurappa's counsel had earlier argued that the report had been made without hearing the petitioner and it is violative of principles of natural justice, and that it has gone beyond the terms of reference, among others.