Dismissing the appeal, a division bench, comprising of acting Chief Justice Mahinder Narain and Justice Mukul Mudgal, said: ``We agree with the single judge that in view of the revocation of the licence, the petition has become infructuous.''

The Uphaar movie theatre, owned by the Ansals' Green Park Theatre Association, in an appeal before the division bench had challenged the order of single judge, Justice Arun Kumar, who dismissed the plea for quashing the licencing branch notice issued to it. The licencing branch had warned that the licence would be revoked if the theatre did not meet the prescribed norms of fire safety.

The bench directed the Uphaar counsel, Rupinder Singh Suri, to apply again to the authorities concerned for a licence once they had removed all the violations in the building by-laws. Justice Arun Kumar had last year revoked the licence of the Uphaar movie theatre and later also dismissed the plea for quashing the notice on the grounds that in view of the revocation of the licence the notice had become void.

The cinema hall authorities have not disputed that Uphaar is closed following the fire accident of June 13 last year and there was was no question of the operation of Uphaar without being `redone', the judges said in their order, adding that when the renovation job was completed, Ansals may apply for the licence afresh.

In 1983, the Deputy Commissioner (licencing) had issued notices to 11 `fire hazardous' theatres, including Uphaar, directing them to carry out all required renovations and constructions in accordance with the fire safety norms within a week, failing which their licences would be revoked and they would not be permitted to operate.