Disposed

Dakshina Kannada Zilla Beedibadi Vyaparasthra Shreyobhivrudhi Sangha (R) v. the State of Karnataka

Karnataka HC11 Feb 2022WP/1317/2022

Case brief

AI extract

What is this about?

Coordinate Bench disposed of writ petition seeking direction against eviction of petitioners engaged in hawking. Court directed petitioners to represent before the Committee constituted under Section 20 of Street Vendors Act, 2014 and restrained authorities from eviction till proceedings conclude.

What did the court decide?

Petitioners directed to represent before Committee constituted under Section 20 of Act; eviction restrained till proceedings conclude.

Dakshina Kannada Zilla Beedibadi… — Constitutional and Fundamental Rights | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF FEBRUARY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO.1317 OF 2022 (LB-RES)

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BETWEEN:

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DAKSHINA KANNADA ZILLA

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BEEDIBADI VYAPARASTHRA SHREYOBHIVRUDHI SANGHA (R) REPRESENTED BY ITS JOINT SECRETARY, SRI. SRIHARA BHANDARY, NO.13 STONE LAND TOWER 2ND FLOOR, 4TH CROSS OPP BUS STAND MAIDAN ROAD, MANGALORE-575001.

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RAHAMATHULLA

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S/O MOHAMMED AGED ABOUT 35 YEARS, RESIDING AT NO.8-11-1051 ANJUMAN COMPOUND BOKKAPATNA KODIALBAIL

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MANGALORE-575003.

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ABOOBAKKER

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S/O HAMAD AGED ABOUT 57 YEARS, RESIDING AT NO.1-1B

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SUBBAGOLI HOUSE KURMADU DAKSHINA KANNADA-574153.

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M K RIYAZ

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S/O M K IBRAHIM AGED ABOUT 35 YEARS, RESIDING AT NO.3-2510C

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ALIYAR PADAVU AMBLAMOGARU MANGALORE-575017.

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5. MOHAMMED THANZEEL

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S/O LATE UMARABBA AGED ABOUT 64 YEARS, RESIDING AT NO.204/8 THARIPADPU KALLAPU PERMANNUR MANGALORE-575017. (PETITIONER IS NOT CLAIMED UNDER SENIOR CITIZENSHIP)

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6. SOMALING HULAMANI

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S/O MALLIKARJUN AGED ABOUT 32 YEARS, RESIDING AT NO.2-10-1318, 7TH CROSS, BEJAI NEW ROAD BEJA MANGALORE-575004.

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7. MALLIKA

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W/O KRISHNA AGED ABOUT 60 YEARS, RESIDING AT NO.12/45 SRI DEVI KRIPA NEETHINAGS SHAKTHINAGAR MANGALORE-575016.

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8. YASHODHA,

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W/O KESHAVA POOJARI AGED ABOUT 48 YEARS, RESIDING AT 2-47, KUTTIKALA MANE KILLENJARU, KUPPEPADAVU, MANGALORE-574162.

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9. MOHAMMAD

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S/O IBRAHIM AGED ABOUT 48 YEARS, RESIDING AT NO.3-671 ADYAR PADAVU ADYAR POST, PADIL MANGALORE-575007.

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MOHAMMAD HANEEF S/O FAKRUDDIN AGED ABOUT 45 YEARS, RESIDING AT NO.1-30 KANDILA AMBLAMOGARU MANGALORE-575017.

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MOHAMMED ISHAQ S/O LATE ABDUL KAREEM SAHEB AGED ABOUT 54 YEARS, RESIDING AT NO.4-213 M J M 649 ROSHNI MANZIL, NEAR BADRIYA MASJID, KASABA BENGRE, MANGALORE-575001.

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MOHAMMED MANSOOR S/O SIMAIL AGED ABOUT 51 YEARS, RESIDING AT NO.3-158/5 DILNAZ MANZIL MADANI NAGAR, MUNNURU, MANGALORE-575017.

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13. AKBAR ALI

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S/O AHAMMAD BYARI AGED ABOUT 44 YEARS, RESIDING AT NO.1-65/14 NETEKAL HOUSE ASAIGOLI POST MANJANADY MANGALORE-574199.

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14. MOHAMMAD NASIR

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S/O MOHAMMED AGED ABOUT 50 YEARS RESIDING AT NO.3-106/1 BAJAL PADPU MANGALORE-575027.

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ABDUL BASHEER S/O AHAMMAD BEARY

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AGED ABOUT 51 YEARS, R/AT NO.4-237 HALADI SAJIPAMUNNURU POST AND VILLAGE PANEMANGALORE, BANTWAL-574231.

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C T KRISHNAMURTHY, S/O THIMMAIAH, AGED ABOUT 40 YEARS, RESIDING AT NO.22-10-142/1 1ST FLOOR, SHARADA SADANA COMPOUND P O LEEWELL BOLARA MAIN ROAD MANGALORE-575001.

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MOHAMMED HANEEF, S/O LATE HASANABBA, AGED ABOUT 42 YEARS, RESIDING AT NO.18-81/44(2) K SAFREENA MANZIL SUNDARI BHAGH ULLALA MANGALORE-575020.

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MOHAMMED IMTHIYAZ B S/O MAHAMMED SALEEM, AGED ABOUT 35 YEARS, R/AT NO.1-27, KATTADA BAGILU BOLIYAR MANGALORE-574153.

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B ABDUL HAMEED, S/O B AHMMED, AGED ABOUT 51 YEARS R/AT NO.6 48/7 MARIPALLA PADI HOUSE BANTWAL MANGALORE-574169.

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HYDER MOHAMMAD PATLA S/O MOHAMMED AGED ABOUT 45 YEARS, RESIDING AT NO.4-105 BALE HITHLU HOUSE KALLAPU PATLA PERMANNUR

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MANGALORE-575017

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HASANABBA, S/O HAMMABBA AGED ABOUT 57 YEARS, RESIDING AT NO.2-9/1 KODI ULLAL MANGALORE-575020.

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MOHAMMAD AYAZ S/O LATE MOHAMMAD FAKEER AGED ABOUT 42 YEARS R/AT NO.3-139 AJJINADKA KOTEKAR MANGALORE-575022.

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ABDUL RAHIMAN S/O M USMAN AGED ABOUT 43 YEARS, RESIDING AT NO.2-25 M S M MANZIL ADYAR KATTE NEAR KODI HOUSE ADYAR VILLAGE AND POST PADIL MANGALORE -575007.

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U K HANEEF S/O U K ABBAS AGED ABOUT 44 YEARS RESIDING AT NO.3-85/698 GREEN GROUND DERLAKATTE BELMA MANGALORE-575018.

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HUSSAIN MOHAMMED SHAREEF S/O K HUSSAIN AGED ABOUT 43 YEARS, RESIDING AT NO.8-14/1291/2 MAKAN GARDAN KAMBLA CROSS ROAD OPP NARAYANA GURU COLLEGE BARKE MANGALORE-575003.

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ABUSALI A H S/O A H ISMAIL

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AGED BOUT 41 YEARS, RESIDING AT NO.1-65 (52) NETEKAL SITE MANJANADY ASSAIGILI MANGALORE-574199.

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MAHAMMED RAFEEQ S/O UMMAR KUNHI AGED ABOUT 48 YEARS, RESIDING AT NO.1-49 (A) ASSAL MADAKA HOUSE ASAIGOLI POST MANJANADY MANGALORE-574199.

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K RAFEEQUE AHAMED S/O K ABDUL REHMAN AGED ABOUT 41 YEARS, RESIDING AT NO.21-3-157/16 FAREEN MANZIL 3RD MAIN ROAD SUBHASH NAGAR PANDESHWAR POST MANGALORE-575001.

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P K ABUBAKKAR

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S/O P K IBRAHIM AGED ABOUT 47 YEARS RESIDING AT NO.4-233 (2) PARAPPU HOUSE IRA BANTWAL TALUK MANGALORE-574323

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BABU POOJARY

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S/O LATE SESAPPA POOJARY AGED ABOUT 59 YEARS, RESIDING AT NO.1-65 N DEVINAGARA HOUSE THEVUKAD MERAMAJALU MANGALORE-574143

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SANJANY KUMAR

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S/O DAYARAM AGED ABOUT 23 YEARS, RESIDING AT NO.11/8/840/3,

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IST FLOOR SHETTY MAHAL BUILDING GOLLERAKERY STREET MAIDAN, 4TH CROSS, MANGALORE-575001.

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BANSHI RAM S/O BUDDHARAM AGED ABOUT 41 YEARS, RESIDING AT NO.11-10 1085 3RD FLOOR, ROOM NO.02, MULTISTORE BUILDING GOWRI MUTT STREET BEEBI ALABI ROAD MAJESTIC COMPLEX MANGALORE-575001.

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A K SHARPUDDIN S/O HAJABBA AGED ABOUT 47 YEARS RESIDING AT NO.14-67 E(1) PARRLIYA MADDA HOUSE MOODA BANTWAL MANGALORE-574219.

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BASAMMA MALLAYYA HIREMATH W/O MALLAYYA AGED ABOUT 46 YEARS, RESIDING AT JALLIGUDDA ASHOKNAGARA POST MANGALORE-575006.

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MOHAMMED MUSTHAFA MUKTHAFI S/O LATHEAF AGED ABOUT 21 YEARS, RESIDING AT NO.9-75 J M ROAD MELANGADI MANGALORE-575020.

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ABDUL HAMEED S/O LATE MOHAMMED AGED ABOUT 43 YEARS,

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RESIDING AT NO.25-26-T-2001/11 (3) ZAREENA YUNUS COTTAGE MAHAKALIPADPU STREET BEHIND K K STEEL JEPPU MANGALORE-575002

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HANAMAPPA RATHOD S/O CHANNAPPA AGED ABOUT 50 YEARS, RESIDING AT NO.4 TE-41/1 KAVOOR POST, BONDEL, MANGALORE-575008.

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ABDUL LATHIF S/O IBRAHIM AGED ABOUT 61 YEARS, RESIDING AT NO.3-177, BAJAL KALLAKATTE JALLIGUDDE BAJAL POST MANGALORE-575027. (PETITIONER IS NOT CLAIMED UNDER SENIOR CITIZENSHIP)

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M ABDUL BASHEER S/O MOHAMMED AGED ABOUT 37 YEARS, RESIDING AT NO.R-105/3 KALLAPU PATLA, PERMANNUR, MANGALORE -575017.

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BANSHRAJ S/O RAMRATHI AGED ABOUT 40 YEARS, RESIDING AT NO.2-61-28 PANAMBUR MANGALORE-575010.

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YASHODHARA

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S/O MONAPPA N BANGERA AGED ABOUT 45 YEARS RESIDING AT NO.3-15-3

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PUSHPA NIVAS NEAR VENKATRAMANA SCHOOL, KUCCHI GUDDE, MANGALORE-575019.

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MOHAMMAD NAUSHAD S/O BADRUDDIN AGED ABOUT 29 YEARS, RESIDING AT NO.2-22 BORUGUDDE HOUSE KANNUR, MANGALORE-575007.

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SADIQ S/O G MOHAMMED AGED ABOUT 35 YEARS, RESIDING AT NO.2-130 GANADABETTU HOUSE, KANNUR MANGALORE-575007.

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RAJENDRACHAUHAN S/O RANGLAL AGED ABOUT 39 YEARS, 11-5-509/1 NEAR MARIMMA TEMPLE GOWRIMUTT STREET, MANGALORE-575001. ...PETITIONERS

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(BY SRI MUNIYAPPA M, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M S BUILDING BANGALORE-560 001.

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THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, M S BUILDING, BANGALORE-560 001.

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THE COMMISSIONER MANGALORE MAHANAGARA PALIKE MANGALORE-575001.

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VYAVASTHAPAKA ADALITHA NIRDESHAKARU SMART CITY LIMITED MANGALORE MAHANAGARA PALIKE MANGALORE-575001.

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THE COMMISSIONER OF POLICE MANGALORE CITY, MANGALORE-575001.

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THE PROJECT DIRECTOR (DAY-NALM PROJECT) OFFICE OF THE COMMISSIONER NO.11 ROOM NO.305 III FLOOR, BLUE CROSS, CHAMBERS BUILDING, INFANTRY CROSS ROAD BANGALORE-560 001.

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THE COMMISSIONER SKILL DEVELOPMENT BOARD KHANIJA BHAVANA RACE COURSE ROAD

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BANGALORE-560 001. ...RESPONDENTS

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(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 AND R2, SRI HAREESH BHANDARY, ADVOCATE FOR R3 TO R6, SRI AJITH ACHAPPA, ADVOCATE FOR R7 )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ANY OTHER APPROPRIATE WRIT PREVENTING THE R-3, 4 AND 5 OR ANY AUTHORITY ACTING ON THEIR BEHALF FROM DISTURBING THE ACTIVITIES OF HAWKING BY THE PETITIONERS IN THEIR REGULAR PLACES OF HAWKING UNTIL THE AUTHORITIES IN CONSULTATION WITH THE TOWN VENDING COMMITTEE RELOCATES THE PETITIONERS TO SETTLE DOWN IN PROPER VENDING ZONE.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed seeking for a direction to prevent the respondents No.3, 4 and 5 or any authority acting on their behalf from disturbing the activities of hawking by the petitioners in their regular places of hawking until the authorities in consultation with the Town Vending Committee relocates the petitioners to settle down in proper vending Zone.

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The similar issue involved in this writ petition was examined by the coordinate Bench of this Court in WP No.23042/2021 (DD 15.12.2021), wherein the 1st petitioner - Association therein was permitted to represent before the Committee constituted under Section 20 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and till consideration of their representation, the Authorities were directed to restrain from evicting from their respective places of vending that they are doing as on date. Hence, this writ petition requires to be disposed of in terms of the order passed by the coordinate Bench of this Court in WP No.23042/2021. Accordingly, I pass the following

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ORDER

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i) Writ petition stands disposed of.

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ii) Petitioners shall represent before the Committee constituted under Section 20 of the Act within two weeks from the date of receipt of a copy of the order and the Committee shall thereafter, hear the parties and pass appropriate orders in accordance with law, within four weeks thereafter, if not earlier.

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iii) Till such proceedings would conclude, the petitioners shall not be evicted from their respective places of vending that they are doing as on date.

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Sd/JUDGE

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BKM

Dakshina Kannada Zilla Beedibadi Vyaparasthra Shreyobhivrudhi Sangha (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dakshina Kannada Zilla Beedibadi Vyaparasthra Shreyobhivrudhi Sangha (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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