JUDGMENT : So far as defect no. 6(10) is concerned, learned counsel for the petitioners submits that all these petitioners have joined altogether seeking the same and one relief and this common relief may be granted by one stroke of pen without dealing with the individual cases of the petitioners, therefore, in view of the judgment of this Court in the case of Ram Nandan Sharma Vs. State of Bihar reported in 2000 (3) All PLJR 345, separate court fees is not required. 2. There is no opposition to the aforesaid submission. 3. This Court has perused the reliefs prayed in the writ application. By filing these applications, all the petitioners are seeking a writ in the nature of Mandamus to the Respondent Nos. 1 to 7 to conduct a fair investigation into the allegation of embezzlement of Rs.1,00,00,00,000/-(Rupees One Hundred Crores) of the petitioners who claim that they have been duped by the respondents on the pretext of providing them flats. 4. This Court agrees with the submission of learned counsel for the petitioners that the reliefs prayed are common and need no separate discussions on the facts. 5. The defect no. 6(10) is, therefore, liable to be ignored and is ordered accordingly. 6. So far as defect no. 6(7) is concerned, learned counsel for the petitioners submits that the same has already been submitted. Brief Facts of the Case 7. These two writ applications have been filed seeking a direction to the Respondent Nos. 1 to 7 to do investigation in the matter of embezzlement of Rs.1,00,00,00,000/-(Rupees One Hundred Crores) of the petitioners who claim that they have been duped by the Respondent No. 8 and its Directors one of whom has been made party Respondent No. 9 in the present writ applications. The petitioners also pray for a direction to initiate action under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the ‘PMLA, 2002’). With reference to the FIR No. 275 of 2021 dated 28.02.2021 and FIR No. 309 of 2022 dated 10.07.2022 registered against Respondent Nos. 8 and 9 with Buddha Colony Police Station, the petitioners submit that there is an urgent need to take cognizance of these cases as the Respondent Nos. 8 and 9 are planning to escape the country as per the sources of the petitioners. 8 and 9 with Buddha Colony Police Station, the petitioners submit that there is an urgent need to take cognizance of these cases as the Respondent Nos. 8 and 9 are planning to escape the country as per the sources of the petitioners. In last, it has been prayed that appropriate writ be issued commanding the Respondents particularly the Respondent Nos. 8 and 9 to return the money of the petitioners with simple interest at the rate of 8% per annum. 8. When the writ applications were taken up for consideration as back as on 16.11.2022, this Court called upon the Director General of Police, Bihar, Patna to file his affidavit as to how and under what circumstances, the police stations are refusing registration of FIRs which are sought to be lodged by the home buyers who have been duped by the builders/developers. The said direction was issued taking note of the submissions advanced on behalf of the petitioners that the police stations are not registering the complaints of the home buyers. 9. Vide order dated 16.11.2022, this Court while calling upon the Director General of Police, Bihar, Patna to file an affidavit, also called upon the learned C.J.M., Patna to submit a report on the action taken by him after receipt of the complaint in terms of the judgment of the Appellate Authority as contained in Annexure ‘3’ to the writ application. 10. This Court further noticed the submission of learned counsel for the petitioners that even though the project in this case did not start but the Indian Overseas Bank, Patna has sanctioned and disbursed a loan of more than Rupees Two Hundred Crores approximately. The prayer of learned counsel for the petitioners at the relevant time was that the investigation be either handed over to the Economic Offence Unit, Bihar (hereinafter referred to as the ‘EOU’) or to the Central Bureau of Investigation. 11. This Court issued notice to the Indian Overseas Bank, through its Chairman and the Indian Overseas Bank through its Branch Manager, Kankarbagh Branch, Patna and Branch Manager, Anisabad Branch, Patna who were added as Respondent Nos. 10, 11 and 12 respectively. 12. In the aforementioned background, when the cases were taken up for consideration on 07.12.2022, this Court directed learned counsel for the petitioners to serve two copies of the writ application on Ms. Soni Srivastava, learned counsel representing the EOU. 10, 11 and 12 respectively. 12. In the aforementioned background, when the cases were taken up for consideration on 07.12.2022, this Court directed learned counsel for the petitioners to serve two copies of the writ application on Ms. Soni Srivastava, learned counsel representing the EOU. On the said date, Mr. V.N.P. Sinha, learned Senior Counsel appeared for the EOU with Ms. Soni Srivastava, learned counsel and informed this Court that by now altogether 160 FIRs have already been instituted. Stand on behalf of Respondent No. 5 13. A counter affidavit has been filed on behalf of Respondent No. 5 through its Officer on Special Duty. This Court has been informed that four criminal complaint cases have been filed against Respondent Nos. 8 and 9 by the said respondent and cognizance has also been taken by learned C.J.M., Patna in those cases. Since Respondent No. 9 is in judicial custody in another case, the learned C.J.M., Patna has taken him on remand in these four cases. 14. It is reported that the Respondent Company had collected around Hundreds of Crores of Rupees from the allottees/complainants in the name of giving flats/plots since 2010 to 2019. The Respondent Company has admitted that they have taken money from the allottees/complainants for around fifty projects and from the records of the Authority and the cases filed before Respondent No. 5 also, it appears that the Respondent Company and its Directors have taken money for around fifty projects. From the report of the Chartered Accountant filed by the Respondent Company duly signed by the Director, it appears that till 31.03.2017, they had collected an amount of Rs.1,52,61,05,765/- from different allottees. 15. It is further submitted that the State Government has constituted a Special Investigation Team for proper inquiry into the matter and also to take suitable action against the promoters of M/S Agrani Homes Private Limited and M/S Shine City Infra Projects Private Limited. The affidavit of Respondent No. 5 also refers Letter No. 5941 dated 23.08.2021 written by the EOU to Senior Superintendent of Police, Patna for institution of case against M/S Shine City Infra Projects Private Limited. Stand on behalf of Respondent Nos. 10 to 12 16. A counter affidavit has been filed on behalf of Respondent Nos. 10 to 12. It is sworn by the Chief Manager, Indian Overseas Bank, Regional Office, Patna. Stand on behalf of Respondent Nos. 10 to 12 16. A counter affidavit has been filed on behalf of Respondent Nos. 10 to 12. It is sworn by the Chief Manager, Indian Overseas Bank, Regional Office, Patna. In Paragraph ‘4’ of the affidavit, it is stated that it has not sanctioned and disbursed loan of Rs. Two Hundred Crores approximately to Alok Kumar or to Agrani Homes as alleged by the petitioners. 17. Having said so, the affidavit further reveals that Vijya Raj Laxmi, wife of Alok Kumar of M/S Indus Venture which is a proprietorship firm (associate of Agrani Homes Private Limited) has availed a loan of Rs. Three Hundred Ninety Lakhs (Rs. Three Crores Ninety Lakhs) from the Indian Overseas Bank, Anishabad Branch, Mr. Alok Kumar (Developer of Agrani Homes and Guarantor of M/S Indus Venture) has availed housing loan from the Indian Overseas Bank, Kankarbagh Branch. The outstanding in that account as on 02.03.2021 is Rs. 1,91,29,381.43/-. In addition, Vijya Raj Laxmi has availed housing loan of Rs. Ninety Nine Lakhs. 18. It is stated that to secure the loan, the properties mentioned in Paragraph ‘6’ which includes residential property at Plot No. 15, Patliputra Cooperative House Construction Society Limited measuring area 17,600 sq. feet has been mortgaged with the Indian Overseas Bank. Mr. Alok Kumar, in the capacity of Director, M/S Agrani Home Private Limited has created this mortgage of residential property registered in the name of Mr. Alok Kumar. 19. It is further stated in the counter affidavit that M/S Indus Venture through its Proprietor Vijaya Raj Laxmi (Borrower), wife of Alok Kumar (Guarantor) availed Miscellaneous Cash Credit Scheme on 08.04.2019 for Rs. Three Hundred Ninety Lakhs for six months up to 30.09.2019. 20. It is further stated that Ruban Hospital has out of the sale proceeds paid Rs.4,31,08,752.53/-in the Indian Overseas Bank loan account of M/S Indus Ventures (Proprietor Mrs. Vijaya Raj Laxmi) as against Rs.3.90 Crores stipulated in the agreement of sale executed on 7th February, 2020 between Mr. Alok Kumar and M/S Ruban Hospital. Stand on behalf of the EOU 21. A counter affidavit has also been filed on behalf of the EOU. In view of the developments during pendency of the writ application, a supplementary counter affidavit has been filed today as well. 22. Alok Kumar and M/S Ruban Hospital. Stand on behalf of the EOU 21. A counter affidavit has also been filed on behalf of the EOU. In view of the developments during pendency of the writ application, a supplementary counter affidavit has been filed today as well. 22. The stand of the EOU is that vide Letter No. 12291 dated 24th November, 2022, the In-Charge of Cheating Cell, EOU, Bihar, Patna has forwarded the details of the complaints received and the action taken by the EOU to the Senior Superintendent of Police, Patna on different dates. 23. It is stated that the complaints received against the Agrani Builders and some more builders have been forwarded. Twenty Eight out of Thirty One such complaints are with respect to Agrani Builders. The counter affidavit further refers the complaints forwarded by Real Estate Regulatory Authority (in short ‘RERA’) and in this regard, letters as contained in Annexures ‘B’ and ‘C’ have been brought on record. The enclosures thereto contains the name of the complainants who have alleged against Agrani Homes and Directors. 24. In the supplementary counter affidavit, it is stated that the EOU has not instituted any independent case against the Builder Company or its Directors, rather the cases have been lodged in different police stations by the district police based on individual complaints of the victims. It is further stated that the Senior Superintendent of Police, Patna has furnished his report vide Letter No. 1507 dated 11.07.2023 which carries the reports from (a) Buddha Colony Police Station, Patna (b) Shri Krishna Puri Police Station, Patna (c) Shastri Nagar Police Station, Patna (d) Patliputra Police Station, Patna (e) Kankarbagh Police Station, Patna (f) Shahpur Police Station, Patna and (g) Patrakar Nagar Police Station, Patna which would go to show that a large number of criminal cases have been lodged against Agrani Group of Companies and its Directors. Stand on behalf of Respondent Nos. 8 and 9 25. Respondent Nos. 8 and 9 have also entered appearance and are represented by Mr. Sanjay Singh, learned Senior Counsel. They have filed counter affidavit and supplementary counter affidavit. Mr. Sanjay Singh, learned Senior Counsel has submitted before this Court that instead of proceeding with the criminal cases against the Respondent Nos. 8 and 9 25. Respondent Nos. 8 and 9 have also entered appearance and are represented by Mr. Sanjay Singh, learned Senior Counsel. They have filed counter affidavit and supplementary counter affidavit. Mr. Sanjay Singh, learned Senior Counsel has submitted before this Court that instead of proceeding with the criminal cases against the Respondent Nos. 8 and 9, it would have been in the interest of the Home Builders/Allottees if this Court constitutes a Committee to find out the ways and means towards refund of the money to the home buyers/allottees. 26. Learned Senior Counsel has made a submission that this Court may in exercise of its writ jurisdiction constitute such a Committee to examine the finances and the properties of this company from which home buyers may be paid. 27. Learned Senior Counsel has further submitted that in fact Rs. Four Crores approximately belonging to the Company is lying with the RERA (Respondent No. 5) and it would have been in the interest of the petitioners if the said Rs. Four Crores be distributed among the petitioners or the other allottees in terms of a scheme which may be formulated by the RERA. 28. It is further submission of learned Senior Counsel that the documents relating to the properties particularly the immovable properties created by the Company are also lying with the RERA. It would have been in the fitness of things, if those documents be either returned to the Respondent Nos. 8 and 9 or to the Enforcement Directorate (in short ‘ED’) for further needful. One of the way-out may be to allow the sale of the land and distribute the sale proceeds among the allottees. Stand on behalf of Respondent No. 1 29. A counter affidavit has also been filed by the Assistant Director, Directorate of Enforcement, Government of India. It is stated in his affidavit that from perusal of the various FIRs, references of which have been made in paragraph ‘4(i)’, it would appear that many persons intending to buy flats have been duped by the Directors of M/s Agrani Group of Companies, Patna, Bihar. It is stated in his affidavit that from perusal of the various FIRs, references of which have been made in paragraph ‘4(i)’, it would appear that many persons intending to buy flats have been duped by the Directors of M/s Agrani Group of Companies, Patna, Bihar. The ED has registered one ECIR No. PTZO/01/2023 dated 11.01.2023 on the basis of the FIRs to initiate investigation under the provisions of PMLA, 2002 as Section 420 of Indian Penal Code, 1860 has been invoked in the said FIRs which is a Scheduled offence under Part-‘A’ of the Schedule of PMLA, 2002. It is stated that during investigation more than 73 complaints have been received in Patna Zonal Office by investors/ purchasers of the land against respondent no. 8. 30. What has transpired in the course of investigation, prima-facie have been stated in various paragraphs of this affidavit. The ED has prima facie noticed that respondent nos. 8 and 9 had illegally diverted the deposits/investments made by the home buyers and purchased a property in their personal name at Patliputra Colony, Patna. They have also purchased about 15 bighas land at Parmanandpur, Sonepur, District-Saran at Chapra after diverting the funds of the deposits from the purchasers. It is stated that respondent no. 9 has been arrested by Bihar Police and is in judicial custody in Phulwarisharif Jail, Patna. The ED has recorded the statement of Respondent No. 9 under Section 50 of the PMLA, 2002. Search proceedings have been conducted and now the ED has filed an original application under Section 17(4) of PMLA, 2002 before the Adjudicating Authority, New Delhi requesting retention of the seized properties and records during continuation of the investigation. The physical and digital records are being examined to find the linkage of the proceeds of crime with the Directors of M/s Agrani Home Private Limited and its Associate Companies and with other suspects. Consideration 31. Having taken note of the aforementioned submissions and the stand of the respective parties, this Court is of the considered opinion that sitting under Article 226 of Constitution of India at this stage when the criminal cases against the respondent nos. Consideration 31. Having taken note of the aforementioned submissions and the stand of the respective parties, this Court is of the considered opinion that sitting under Article 226 of Constitution of India at this stage when the criminal cases against the respondent nos. 8 and 9 and their associates are under investigation with different agencies, it would not be just and proper to exercise its extraordinary writ jurisdiction to direct either distribution of the money which is said to be lying with the RERA or to constitute a committee for sale of the properties which are under investigation for allegedly having been acquired through the proceeds of crime. 32. This Court, therefore, would not accept the request of learned senior counsel for respondent nos. 8 and 9 to constitute a committee to find out the ways and means to pay off the money of the allottees. Such steps, if at all be taken, may be appropriately taken only after the investigation is over by the different agencies and the petitioners move before appropriate court/forum for framing of a scheme for refund of money to the home buyers. It would require involvement of financial experts in drawing a scheme for that purpose. Therefore, this Court refrains from going into that aspect at this stage. 33. This Court has noticed that a large number of complaints have been filed and FIRs have been registered in different police stations. The EOU has also intervened and sent the complaints received in its office to the Senior Superintendent of Police, Patna. Considering that a large number of complaints have been registered in different police stations and it would require investigation through different police officers in different stations, it would not only be time taking but would also be a kind of impediment in proceeding towards investigation in right perspective. 34. This Court, therefore, is of the view that the Director General of Police, Bihar, Patna must take a view on these complaints and it would have been in the fitness of the things if all these FIRs are transferred to the Economic Offence Police Station and registered accordingly in accordance with law with the Economic Offence Police Station. The EOU may be directed to take charge of all the investigation and apply it’s best resources and expertise. The EOU may be directed to take charge of all the investigation and apply it’s best resources and expertise. This Court, therefore, directs the Director General of Police, Bihar to pass an appropriate order within a period of two weeks from the date of receipt/production of a copy of this order. 35. This Court has noticed that there is an allegation of financing huge amount of loan to respondent no. 9 by Indian Overseas Bank. A perusal of the counter affidavit filed on behalf of the Bank admits to the extent that the finances were made to the entities of which proprietorship is vested with the wife of the respondent no. 9. It further reveals that respondent no. 9 stood as a guarantor and mortgaged the property and if this affidavit is read with the affidavit of the ED, respondent no. 9 has acquired some immovable properties in his own name from the money collected by the Company from the buyers. The property mortgaged with the Bank is one of the immovable properties. The ED is investigating with respect to the proceeds of the crime. This Court would not go into the merits of the allegations but is of the considered opinion that the EOU must look into this allegation as well and investigate the matter relating to the finance provided to the wife of the Respondent No. 9 by the Indian Overseas Bank taking guarantee from the Respondent No. 9. It has also transpired that in fact Respondent No. 9 entered into the sale agreement to sell the mortgaged property but the Bank never lodged any FIR against Respondent No. 9. This conduct is also required to be inquired into. 36. This Court would at the cost of repetition of record that the direction to inquire into the allegations shall not be construed as any opinion of this Court on the merit of the allegations much less any finding and it is for the investigating agencies to act independently and reach to a conclusion based on the materials collected in course of investigation. 37. In any view of the matter, the investigating agencies are expected to conclude the investigation and submit their reports in the competent court/jurisdictional court as early as possible in accordance with law. 38. With the aforementioned observations and directions, these writ applications are disposed of.