The case as set up by the respondents in the writ peti tions was that as Rule 41 of the Mineral Concessions Rules, 1949, requiring royalty to be paid at the rate specified in Schedule 1 to the rules, applied only to a ' lease granted under the said Rules after the commencement of the 1948 Act and had no application to the leases and subleases of the respondents, royalty could not be claimed on the basis of 5 % of F.O.R. price of coal in respect of the period between the date of vesting under the Bihar Land Reforms Act and May 31, 1958the date immediately preceding the date on which the 1957 Act was brought into force; that as regards the period between June 1, 1958 and December 28, 1961 royalty at con tractual rates alone was payable because the provisions of section 9(1) of the 1957 Act had no application to statuto ry leases deemed to.